Do sujeito à pessoauma análise da incapacidade civil

Resumo

This article examines the passage from the protection of the abstract subject of law to the protection of the human person, understood under a concrete perspective, due to the recognition that abstract and neutral solutions have become incompatible with a legal system informed by the principles of social solidarity and substantial equality. The analysis is focused on the institution of civil disability, usually viewed under an abstract and proprietarial perspective, which proved to be exclusionary and in violation of the existential subjective situations. Indeed, much has been discussed about the progressive personalization of the system of civil disability, given the increasing importance of opinion and expression of minors, in light of the provisions of the Statute of Children and Adolescents, and the recognition that it was necessary to modulate effects of guardianship of the unable majors, according to the degree of discernment of the person declared incapable and the underlying interest to the subjective situation in concrete. In this scenario, Law 13,146/15 (the so-called Statute of the Disable Person) entered into force. Although it was a courageous legislative intervention, it has created another abstract and formal system in which the disabled person is always able, thus losing the opportunity to really make an effective and comprehensive reform of the system of disability, in order to direct it to the free development of human personality.

Ficha do documento

Tipo

Artigo científico

Ano

2016

Instituição

Univ Estado Rio Janeiro

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

DOI

10.12957/rqi.2016

Identificador

oai:repositorio.fgv.br:10438/23691

Palavras-chave

Civil disabilityAutonomyStatute of the disable personIncapacidade civilEstatuto da pessoa com deficiênciaDireitoAutonomiaDeficientes - Estatuto legal, leis, etc. - Brasil