A capacidade jurídica pela Convenção sobre os Direitos da Pessoa com Deficiência e a insuficiência dos critérios do status, do resultado da conduta e da funcionalidade

Abstract

The Convention on the Rights of the disabled person has spurred a turnaround in the disabilities regime and the system of protective Law on the substitution of wills. From that standard, the disabled person has equal legal capacity in relation to others, so that disability cannot be used as a modulatory criterion of legal capacity, either directly or indirectly. To ensure the participatory inclusion of the disabled person, the criteria that throughout history have been used to modulate the legal capacity from the disability. Whereas the psychological and/or intellectual limitation is not sufficient to deny autonomy, nor the capacity – both considered corollaries of dignity -, the inclusion proposed by the Convention implies the rehabilitation of the society to accommodate the person with Disability in an attempt to optimize its functionality by reducing barriers.