Deficiência mental, capacidade plena e autodeterminação: as inovações previstas na Lei de Inclusão Brasileira

Abstract

The study seeks to investigate the full capacity as a tool able of protecting the selfdetermination of people with cognitive disabilities. It begins by identifying a theoretical basis appropriate to the integration of full exercise capacity to ensure genuine equality for these people. From there, protection of personality is identified with the protection of the person's ability to perform the acts associated with civil life according to his or her own volition, assessing the limits and possibilities of the disability rule in the protection of people with disabilities. To do so, the work covers the history of international treaties and conventions on the rights of persons with disabilities, of national conferences, as well as the development of “madness” in the history of humanity. The study seeks to deconstruct the common notion of disability, including its new legal technical concept and the possible extension of this concept to contemporary psychological disorders. The assertion that disability is a culturally constructed concept (Nussbaum, 2004) is the theoretical approach. The research proceeds to a critical study of specialized legal literature, especially regarding the criticisms directed at the changes foreseen in the Brazilian Inclusion Law. We conclude by confirming the hypothesis of work, which considers full capacity as an essential condition for the protection of the dignity of the person, for the promotion of selfdetermination of the individual and for the free development of his personality.