From civil interdiction to supported decision-making: a necessary change in the recognition of legal capacity and human rights of people with disabilities
<p class="Textoprformatado">This article discusses the legal and social impact of the internalization, within the Brazilian law, of the Convention on the Rights of Persons with Disabilities (CRPD, 2008) and its regulations - through the Brazilian Law on the Inclusion of Persons with...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
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Rede de Pesquisa Empírica em Direito
2016-08-01
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| Series: | Brazilian Journal of Empirical Legal Studies |
| Subjects: | |
| Online Access: | http://www.reedpesquisa.org/ojs-2.4.3/index.php/reed/article/view/134 |
| Summary: | <p class="Textoprformatado">This article discusses the legal and social impact of the internalization, within the Brazilian law, of the Convention on the Rights of Persons with Disabilities (CRPD, 2008) and its regulations - through the Brazilian Law on the Inclusion of Persons with Disabilities (LBI). The focus of the analysis is the recognition of the legal capacity and the effectiveness of the human rights of persons with disabilities and their impact on legal institutions of guardianship and civil interdiction. To this end, a bibliographical and documentary research was conducted and, based on the theory of social justice, by Martha C. Nussbaum, embedded on the concept of capacity, as well as the critical theory of human rights, by Joaquín Herrera Flores. Our goal was to investigate whether the Brazilian Courts of Appeal had applied the CRPD. In theory, the higher the observance of the Convention, the greater the recognition of the autonomy and legal capacity of persons with disabilities; and thus lower the number of the cases of civil interdiction. The results obtained from the analysis of the data from the Court of Appeal of the state of Minas Gerais, from the period of 2010-2014, indicate findings on the opposite direction.</p> |
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| ISSN: | 2319-0817 2319-0817 |