The Constitutionality of Emotional and Sexual Expression by Gifted Individuals in Civic-Religious and School Environments

ABSTRACT: This research addresses the legal protection of gifted patients and people with disabilities in social assistance, highlighting medico-legal aspects, human rights and constitutional guarantees. The contextualization highlights challenges in the implementation of these rights in the face of institutional violations and insufficient effective public policies. The problem focuses on the inadequacy of institutional regulations and practices to ensure full protection and accessibility to these vulnerable groups. The main objective was to critically analyze the current legal and social framework, identifying gaps and proposing guidelines to improve legal protection. The neoperspectivist Giftedian paradigm was adopted, which prioritizes the coexistence of absolute and relative truth, epistemological humility and inclusion, integrating theories of human rights, social protection and bioethics. The hypothetical-deductive method guided the investigative stages, while a rigorous narrative bibliographic and documentary review was conducted, covering Scopus, Web of Science, SciELO and PubMed databases, using descriptors such as “patient rights”, “disability and giftedness”, “social assistance”, “legal protection” and “social inclusion”. Forty-two high-impact scientific papers were analyzed. The main findings indicate regulatory insufficiency and failures in the implementation of protective policies, confirming the need for legal reinforcement and inclusive practices. The conclusions point to theoretical and empirical advances in the area, although they highlight methodological and sampling limitations. The contributions of this research add academic, social and political value, strengthening the defense of human rights and social justice.