A proteção legal das pessoas portadoras de doenças mentais crônicas no direito brasileiro.

Abstract

This monographic work addresses the theme of the legal protection enforcement for individuals with chronic mental illnesses within the Brazilian legal system. To this end, it seeks to analyze the status and protection afforded by the country’s legal framework to this social group, tracing the path taken by Brazilian private law since its origins, while incorporating a 'timeline' of legislative and protective changes for individuals with chronic mental disorders. Currently, the Brazilian Civil Code of 2002 (Law 10,406) is in effect, with particular emphasis on the Statute of Persons with Disabilities (Law 13,146/2015), a legal framework widely recognized for its contemporary relevance and innovations in the understanding of the treatment of individuals with disabilities, examining its features and the changes it introduced. Furthermore, an examination will be conducted of guardianship and supported decision-making, impactful legal institutes addressed by the Statute. The 1988 Federal Constitution and its effects will also be addressed from the perspective of the constitutionalization of private law, presenting scholarly works and court rulings. Thus, it is evident that, in summary, a theoretical and documentary approach was adopted, based on the analysis of legislation, doctrine, and jurisprudence concerning civil capacity, mental disability, and civil relations, seeking to provide an in-depth understanding of the legal elements involved in the protection of individuals with chronic mental illnesses.