A autonomia da pessoa pródiga para a prática de situações subjetivas existenciais no direito civil constitucional: o regime das (in)capacidades e uma releitura do instituto da curatela

Abstract

The present research has as an objective to analyse the prodigal person’s autonomy to practice existencial subjective situtations at the light of constitutional civil law, focusing on a study of the incapabilities system adopted by the Civil Code of 2002 and it’s adequacy at the practice of situations that refer to the construction and development of the prodigal’s personality in order to, in ultima ratio, characterize a model of guardianship that meets not only the constitucional principles of liberty, equality, solidarity, psychophysical integrity and of the human person’s dignity, as well as international legislation ratified by Brazil. To this end, it was used a bibliographic, documental and jurisprudential research in order to deduce an exercise capability regime that best applies the practice of subjective situations, be it existential or duplice, concluding in the presentation of not only a best determined concept of prodigality, grounded on the measure of people’s discernment, but in ways that the institute of guardianship best adapt itself to the social model of disability that was adopted by Brazil with the delivery of Edict nº 6.949, of 25 august 2009, that promulgates the Convention on the Rights of Persons with Disabilities.