Pelo fim do regime das incapacidades

Abstract

This article makes a critical analysis of the possibility of ending the incapacity regime in Brazilian law and of adopting the support model in its place. The changes introduced by the Convention on the Rights of Persons with Disabilities and the Disabled Persons Statute have brought significant impacts to the disability regime. Enormous doctrinal boom was formed with the recognition of full civilian capacity for people with disabilities. There is confusion between the limits of representation and assistance. There was the advent of the protective model of supported decision making, as an optional mechanism for the disabled with full capacity, in need of care or protection. This new system, in the light of German law, seems to apply to all persons without the need for recourse to the old model of incapacity. It opens the possibility for the end of this model. The analysis methodology consists of a critical examination of the disability system in Brazilian law, in view of the Convention on the Rights of Persons with Disabilities, the Statute of the Person with Disabilities, the Civil Code, as well as civil and constitutional aspects of civil capacity and supported decision-making.