O regime das incapacidades e a proteção à pessoa com deficiência mental agravada no direito civil brasileiro : uma análise sob à ótica da vulnerabilidade do indivíduo em procedimentos de restrição da autonomia a partir da Lei Brasileira de Inclusão – Lei 13.146/2015

Abstract

The changes introduced by Law 13.146/2015 (Brazilian Inclusion Law), which alters, among others, the wording of art. 3º, 4º of Law 10.406/2002 - Civil Code caused the end of the incapacity regime in Brazilian law, extinguishing the expression 'absolutely incapable person' linked to people with disabilities. As a consequence, there was a restriction on the decreeing of guardianships previously present as Curatorship and Interdiction, in cases of aggravated mental disability. In view of the semantic-normative problem regarding the need for the term "absolutely incapable person" to exist or not since the advent of the Brazilian Inclusion Law (LBI), it is investigated whether such restriction has generated new forms of vulnerability for the individual, notably for the person with an aggravated mental disability, limiting the decreeing of protective guardianships previously provided for in Brazilian Civil Law. Furthermore, the aim is to investigate whether the changes brought about by the LBI have proved sufficient or whether a new law or terminology is needed for people with aggravated mental disabilities to fully enjoy their rights.