ABSTRACT: This research addresses the legal protection of the rights of gifted patients and people with disabilities, focusing on medico-legal, constitutional and social aspects. It is contextualized in the current scenario of guarantees and challenges in the implementation of these rights, considering national and international legal frameworks, in addition to comparative jurisprudence. The central problem refers to the insufficiency of effective mechanisms to ensure dignity, autonomy and adequate assistance to these vulnerable groups. The general objective was to critically analyze the legal guarantees and institutional practices related to these patients, seeking to identify gaps and propose advances. The methodology adopted the gifted neoperspectivist paradigm, valuing the coexistence of multiple truths and inclusion, combined with theories of human rights, bioethics and social justice. The hypothetical-deductive method and a rigorous narrative bibliographic and documentary review were applied, consulting databases such as Scopus, Web of Science, SciELO and PubMed, with specific descriptors that resulted in the final analysis of 65 high-impact articles. The main findings revealed challenges in the implementation of rights and failures in assistance, pointing to the need for more integrated and inclusive public policies. It was concluded that, although there are legislative advances, practical effectiveness is still limited. Gaps were identified in empirical studies and in multidisciplinary approaches. Among the limitations are the geographic restriction and the methodological variability of the studies consulted. The research contributes theoretically by integrating different perspectives and methodologically by systematizing recent knowledge, with social value in promoting more effective rights for vulnerable groups.
Breviário et al. (Sat,) studied this question.