Estatuto da pessoa com deficiência e sua regulação dos institutos protetores das incapacidades.

Abstract

This monograph intends to analyze the Statute of People with Disabilities, concerning the changes of the protective institutes for civil incapacities regulated by the Civil Code of the country. Therefore, it was sought to analyze the legal provisions of the Statute of the People with Disabilities, Law 13.146/2015, most especially those which amended articles of the Brazilian Civil Code of 2002, regarding the civil capacity of People with Disabilities and their representation, such as legal guardian and supported decision-making. It was sought, especially, through the analysis of the Statute's articles, together with constitutional and civil commandments, to understand the direction what civil capacity has been taking and what its effects. Therefore, the research central problem resides in the following: What changes have occurred in institutes that protect civil incapacities, regulated by the Civil Code, from the Statute of the People with Disabilities? Therefore, the inductive method was chosen, that consists of to establish a universal truth based on the knowledge of a number of unique data. Concerning the legal procedure, the historical bibliographic method was used, verifying the position that the doctrine has been taking, to finally, clarify some obscure points in which People with Disabilities were and still are placed, confronted with the effects conferred on them by the assigned capacity.