ADHD AND TWICE-EXCEPTIONALITY IN THE 21ST CENTURY: FROM NEUROBIOLOGICAL DYSFUNCTION TO THE EFFECTIVE ENFORCEMENT OF RIGHTS TO HEALTH, WORKPLACE INCLUSION, AND PROCEDURAL ACCESSIBILITY

Abstract

This article analyzes the legal mechanisms necessary to ensure the effective inclusion and quality of life of individuals with Attention-Deficit/Hyperactivity Disorder (ADHD) and Twice-Exceptionality (the coexistence of ADHD and Giftedness/High Abilities) in Brazil. From a perspective that integrates legal scholarship with a clinical analysis of biological barriers, it examines the contrast between high intellectual performance and the functional impairment of executive functions, the devastating psychosocial impacts of late diagnosis in adulthood, and the urgent need for universal access to free neuropsychological testing. The article delineates the roles of attorneys, prosecutors, and judges in giving effect to the right to health and cognitive accessibility. It proposes a paradigm shift in the accessibility of public examinations and procedural acts through mandatory decompression breaks, drawing on national precedents and advanced legislation in the United States and Europe. It concludes by presenting legislative proposals and the institutional identity frameworks necessary to consolidate substantive equality for this group within the legal system.