Capacitismo e a experiência da mulher com deficiência: uma reflexão sobre o Direito e a produção do saber

Abstract

This work brings the experience of women with disabilities through my own report as well as the ones of Lia, Diana and Mirada. The aim is to provide a regarding of LAW as a mechanism of power that does not speak for us but reproduce a certain capacitism. To this end, an approach is carried out that connects writing, thinking and life as a way of twisting the LAW and the hegemonic production of knowledge that are part of the organism considered. Through a rupture writing, the point is the realization of thought-experience based on art-knowledge, which in certain points is entirely prosaic and performative. The focus given to LAW as a "conduct regulator" is in the legal provisions relating to legal capacity, the Civil Code of 2002 and the Statute of Persons with Disabilities. Here, the LAW is complexified by the capacitant positioning of Civil Law in the Civil Code / 2002 (original version), and by the inclusive provision of the Statute for Persons with Disabilities. With that critical approach in mind, it is possible to present the experience and the devir as a fundamental right that abandons the rigor and the capacitist tradition.