Os reflexos do Estatuto da Pessoa com Deficiência na legislação brasileira: teoria das incapacidades e sua repercussão na curatela

Abstract

Enacted in 2015, the Statute of Persons with Disabilities brought important changes to the legislation previously in force in the country. In this sense, this work aims to analyze the changes brought by the aforementioned institute with regard to the theory of disabilities in the Brazilian Civil Code. To this end, a bibliographic review was adopted in order to raise the main discussions of scholars on the theory of disabilities. With this, it was possible to verify that, among the main advances, the Statute of Persons with Disabilities contributed to the fact that mental or intellectual disabilities were no longer considered a decisive factor for the consideration of absolute incapacity, which changed institutes such as guardianship, which became an exceptional measure.