Tomada de decisão apoiada: os limites entre a autonomia e a proteção jurídica da pessoa com deficiência mental

Abstract

The present work deals with the study of Decision Making Supported, new institute that was created from the Status of the Person with a Disability, which sought to implement in domestic law the provisions of the International Convention on the Rights of the Disabled Person. The new systematics has transformed the Theory of civil Disabilities, granting full civil capacity for people with mental disabilities, so that was magnified your autonomy and consequently, your social inclusion. However, questions were raised as to the legal protection of such individuals, which undeniably are in a condition of vulnerability. With the restriction of custodianship to acts patrimonial in nature, the new civil institute took a priority level on legal guardianship of persons with disabilities, which led to the goal of the study in question on whether new legislation is really able to reconcile aspects of autonomy with the appropriate legal protection of persons with mental disabilities in legal business practice, having the view your condition of absence or reduction of discernment. To this end, a general analysis of the system of civil disability and its main concepts, indicating the changes and impacts of the regulations on civil law, followed by an approach on the evolution of the legal treatment of the person mental deficiency in the law, and finally, the specific analysis of Decision Making Supported, your function and prospects of effectiveness in the social context. This research was conducted with support in deductive methods, comparative as well as bibliographical study of law, jurisprudence, doctrine, journals and other scientific articles. Based on the work developed, it was concluded that the institute represents an instrument best suited to support people with mental disabilities to preserve a reasonable understanding of its limitations and vulnerabilities, so that request, with autonomy, the support they need.