A necessidade de revisão da curatela à luz da Convenção da Organização das Nações Unidas sobre os Direitos das Pessoas com Deficiência

Abstract

The Convention on the rights of persons with disabilities, incorporated to the homeland ordering as a strongly constitutional norm, have set the adequation of the brazilian ordering by its precepts, wich is guided by the presumption of the civil capacity from disabilitie people and the acknowledgments of its dignity and autonomy. Acording to that, the presente article aims to revise the guardianship institution, searching to understand it´s new profile and the possibilities of aplications with it, as well as demonstrate the permanent necessity of it´s procedural renewal in the jurisdictional practice and the indispensability of it´s temporal limitation and periodic revision, as a priorities measures to secure the effectivity of the constitutional norm.