A CURATELA E A PESSOA COM DEFICIÊNCIA NO MODELO BIOPSICOSSOCIAL DE DEFICIÊNCIA
DOI:
https://doi.org/10.22409/conflu.v25i3.59976Abstract
The article seeks to understand the protection provided to people with disabilities (PwD) after the advent of Law No. 13,146/2015 - Statute of Persons with Disabilities (EPD), which established the exceptional nature of guardianship and adopted the biopsychosocial model of disability. To this end, it analyzes the news brought by the EPD to the Brazilian legal system, especially with regard to the theory of incapacities and institutes of interdiction/guardianship, with the aim of identifying whether they have generated a lack of protection for PwD, to the extent that removes them from the list of absolutely incapable individuals in the 2002 Civil Code and establishes that, as a rule, they are fully capable of performing acts in civil life. Furthermore, it presents a discussion about the operability of the institutes of interdiction and guardianship, aiming to understand the application of the new model of guardianship to people who, in view of the biopsychosocial analysis of disability, do not have the minimum discernment for the practice of acts of civil life.
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Copyright (c) 2023 Angélica de Sousa Resende, Jorge Luís Ribeiro dos Santos., Joabe da Silva Gama
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