Autonomia da pessoa com deficiência e os atos de disposição do próprio corpo

Abstract

This article deals with the autonomy of the person with disability for decisions that impact their own body. Considering that these people are equal in Law and dignity, their personalities have been recognized and they have the civil capacity to decide about existential questions, such as the acts of disposition of their body. It is not the disability that mitigates the capacity to decide, but the eventual absence of the necessary discernment to the practice of choice. In other words, disability ceases to be the defining criterion for determining the capacity of the disabled person. This paper addresses the legal discipline of the disability and its impacts of the Convention about the Rights of the Person with Disabilities and the Statute of the Disabled Person (Law number 13.146 / 2015) in Civil Law. Through this platform of rights, the person with disability achieves the recognition of their selfdetermination to make their most impactful choices, including those that interfere with their own body. In this context, the relevance of the issue is addressed by addressing the capacity of the disabled person to practice civil acts and recognizing them in equality with other people, aiming at their inclusion in society through the adoption of mechanisms that ensure their autonomy your choices most impacting your person, including those that interfere with the body.