Os impactos no processo de curatela com o advento do Estatuto da Pessoa com Deficiência e o Novo Código de Processo Civil

Abstract

The main goal of this work is to comprehend the impacts of the trusteeship procedure through the Statute for the Person with Disability and through the new Brazilian Code of Civil Procedure, analyzing the procedural elements, especially, the modifications occurred on the legal nature, on the legal standing, on the competence, on the complaint, on the follow-up complaint and on the trusteeship sentence. The study is a result of a new social model of disability witch prioritizes the independent living for people with disabilities and respects their rights, willingness and preferences during the trusteeship application. The simple disability cannot be considered as a requirement of use in a trusteeship suit, the relative inability has to fall only over the patrimonial interests of who is unable to externalize willingness due to a transitory or permanent cause. Thus, a new function role of the institute has been observed aiming the individual autonomy of persons with disabilities, mainly in terms of existential acts. This work, also, verifies the need of harmonization of infra-constitutional norms in the new documents, in order to guarantee equal rights of social participation for the people with disabilities.