ABSTRACT: This research addresses institutional violence against neurodivergent people, exploring the legal, social and institutional failures in the protection of these individuals. It is contextualized in the Brazilian legal and social scenario, considering national and international legislation, in addition to comparative law, to analyze the effectiveness of public policies and institutional practices. The central problem lies in the gap between legal guarantees and their practical application, highlighting challenges in the accountability and inclusion of neurodivergent people. The main objective was to investigate these gaps and propose approaches that promote greater justice and inclusion. Methodologically, the neoperspectivist Giftedean paradigm was adopted, integrating theories such as critical legal theory, legal bioethics and the neurodiversity paradigm. The hypothetical-deductive method was used to structure the analysis and a rigorous narrative bibliographic and documentary review was conducted, consulting databases such as Scielo, Scopus, Web of Science and PubMed, using descriptors related to neurodiversity, institutional violence and human rights, totaling 48 analyzed works. The main findings indicate the persistence of institutional violence and insufficient policies, highlighting the need for integrated and multidisciplinary models. It is concluded that epistemological and practical advances are urgently needed to overcome these barriers. Gaps include the absence of empirical data and institutional systematization. Limitations involve methodological restrictions and a lack of quantitative data. The research contributes theoretically through interdisciplinary integration, methodologically through the rigor of the review and empirically by offering subsidies for inclusive public policies. The added value lessons in the promotion of inclusion and social justice, promoting human rights and diversity.
Breviário et al. (Sat,) studied this question.