Uma análise crítica reflexiva das incapacidades à luz das modificações legislativas contemporâneas

Abstract

Under the protective justification, the institute of disabilities was created. However, it is observed that the protection given to the incapacitated acted more as a barrier to the person for the full exercise of their fundamental rights, especially those pertaining to the rights of personality. The current legislation still provides as absolutely incapable the under-sixteen. In this sense, with the methodology of Civil-Constitutional Law, we will criticize the absolute incapacity of the latter, considering that these are people capable of practicing the acts of civil life, according to their degree of discernment and maturity.