Da prescrição contra incapazes sob a ótica do estatuto da pessoa com deficiência: análise da permanência ou revogação do benefício após o advento do Estatuto.

Abstract

Brazilian civil society has always faced great challenges to guarantee to all the security of being treated with respect as a human person, with equal rights, duties and opportunities. After years of struggles and resistance, people with disabilities conquered the long-awaited Brazilian Inclusion Law (LBI), popularized as the Statute of the Person with Disabilities. Law 13.146 / 2015 is a broad law that ensures in our legal system, the accessibility and inclusion of people with disabilities, in different aspects of society. For the full implementation of the Statute there is still a long way to go. The major novelty of the Disabled Persons Statute was to amend other laws such as the Civil Code, the Consolidation of Labor Laws, the Electoral Code and all existing legislation to bring them into conformity with the International Convention of the United Nations, still, the Theory of Disabilities. In this perspective, the monographic work was dedicated to the research entitled "From the prescription against incapacitates from the perspective of the Statute of the Person with Disability: analysis of the permanence or revocation of the benefit after the advent of the Statute", seeking to answer the following problematic: what effects that the Statute of the Person with Disability brought to the Institute of the prescription in the Civil Right? With the general aim of analyzing the capacity issues, in compliance with the changes occurred in the Brazilian Civil Code through the Statute of the Person with Disabilities. It was sought to verify the direct and immediate consequences of the entry into force of the Disabled Persons Statute regarding the disabled person with regard to the capacity, which had some disadvantages for such individuals, making the Statute subject to harsh criticism. The research made it possible to verify, with the advent of the Statute, the revocation of the benefit of the prescription in relation to the disabled person. For that, the deductive method was used, with procedural use of the interpretive method. The research techniques used were the bibliographical and documentary review, seeking to construct the theoretical referential through doctrine, articles and journals referring to the theme