O sistema de apoios ao exercício da capacidade legal da pessoa com deficiência no Brasil: diretrizes, desafios e proposições

Abstract

The present paper has as its object of study the Support System for the Exercise of the Legal Capacity of Persons with Disabilities in Brazil, in view of the provisions of the International Convention on the Rights of Persons with Disabilities and the Statute of Persons with Disabilities. The objective was to understand and delineate the referred system from the Conventional text and the paradigm of interdependence; as well as critically evaluating the adequacy of its transposition to the Brazilian legal system, notably in relation to the trusteeship and supported decision-making. The investigation followed a dogmatic approach, with a qualitative and bibliographic focus. National and foreign specialized literature on the subject was examined, as well as an analysis of Brazilian legislation and the jurisprudence of the Courts of Justice of Minas Gerais and São Paulo. From the study, it was noticed that the changes made to the national legislation have technical flaws and create legal limbs, causing situations of true lack of protection for people with disabilities. Finally, it is concluded that it is necessary to reform, taking into account the guidelines of the support system, the plurality of forms and experiences of disability, and also the need to apply measures based on the specific case.