Desvendando o conteúdo da capacidade civil a partir do Estatuto da Pessoa com Deficiência

Abstract

The law no.13.146 / 2016 is based on the International Convention on Persons with Disabilities and brought important changes regarding the approach to disability. It is based on the person support model and not the paradigm of substitution will. The Civil Code restricted legal capacity according to a quantitative and watertight idea linked to models “ pret a porter “ that presumed lack of discernment. The division between absolute and relative inability does not reach more people with disabilities, as the Statute predicted just a few situations that fit into the category of relative inability. For the other cases , the capacity will always be respected. If you need some support , that will be authorized by judicial process to examine the personal situation of the disabled person. It is the duty of the interpreter rebuild the dogmatic categories so you can better protect and ensure social inclusion for people with disability .