O estatuto da pessoa com deficiência: uma análise crítica sobre o regime das incapacidades e o instituto da tomada de decisão apoiada

Abstract

The main objective of this work is to critically analyze the Statute of the Person with Disabilities, especially, the legal regime of disabilities and the newly created institute of supported decision-making. This analysis has a fundamental importance, considering the changes that the Statute has undergone in the brazilian civil order. Thefore, there will be a brief reflection on the treatment commonly afforded to people with disabilities, from the standpoint of Martha Nussbaum's Capabilities Approach, and, then, on the differences between the existential and the patrimonial acts of civil life. And, finally, will be consider the assets and demerits of such Statute, also known as the Brazilian Inclusion Law.