Estatuto da pessoa com deficiência: uma análise crítico-reflexiva das alterações no regime das incapacidades

Abstract

The Statute on Person with Disability (Law nº 13.146/15) known as Brazilian Law of Inclusion, represents a big step forward for people with disabilities to guarantee them the equal effective enjoyment of human rights, being the inability na exceptional measure. Therefore, disability is no longer considered as a disabling criterion, bringing new outlines to the disability regime. The Brazilian Law of Inclusion, besides making the curator ship regime more flexible, which observes the singularities of each individual, also carried out changes in article 3 of the Brazilian Civil Code of 2002, keeping the list of absolutely incapable only children under sixteen years old. The new Law might be mistake natt his point. Once the Statute considers as relatively incapable persons with out any discernment as well as the ones who cannott emporarily express their will, one may say that the Statute has not observed that in both case people are fully dependent on others for the acts of civil life on your behallf and in defense of their interests. Due to the broad range of negative effects brought by the new Law with reflexes in people´s lives with disabilities regarding to important issues such as nullity and annulment, prescription and lapsing, arises the need for legislative amendment, without opening space for step backwards in legislative terms. Human dignity, in case of them, is not effective with greater autonomy, but with effective protection and respecting their preferences and needs. Therefore, the present work, base on the inductive method and bibliographic researches, presents reflections on changes brought by the Statute, especially with regard to the cases of absolute in capacity, pointing as possible solution the Senate Bill nº 757/2015, since the undergoing amendments be submitted as specific modifications.