O ADVENTO DO ESTATUTO DA PESSOA COM DEFICIÊNCIA COM ENFOQUE NOS PRINCIPAIS CONFLITOS NO TOCANTE A CAPACIDADE CIVIL (MATERIAL) E A CORRELAÇÃO COM O NOVO CÓDIGO DE PROCESSO CIVIL 2015: Institutos da Interdição, Curatela e a Tomada de Decisão Apoiada

Abstract

The propositions covered by this booklet derive from the quality of research essential to the formation of the student, especially as regards fundamental human rights based on human dignity and access to justice.The present dissertation is based, specifically, in three institutes:In the Convention on the Rights of Persons with Disabilities, which was incorporated into Brazilian law with status equivalent to a constitutional amendment in 2008, in accordance with the provisions of article 5, paragraph 3 of the Federal Constitution, promulgated by Brazil in 2009 by Decree 6949.In Law 13146/2015 what is the Statute of Persons with Disabilities also known as the Brazilian Inclusion Law, which after years of proceedings in the National Congress and as a result of Decree 6949/2009 was effectively voted in 2015 whose applicability happened 180 days after its publication, precisely on January 2, 2016. It is necessary to emphasize that this device brought significant changes in the field of civil capacity provided for in Articles 3 and 4 of the Civil Code of 2002, and consequently to the Code of Civil Procedure.Thus, the third institute that guides the present study is the previously considered New Code of Civil Procedure, Law 13105/2015 that induces how will be the procedures brought by the Brazilian Law of Inclusion.Under this bias, it deepens in the controversies about how the procedures of the interdiction / curatela will be and which substantive would be effectively the correct one under the new optic brought by the Brazilian Law of Inclusion fully constitucionalizada. In addition to studying the legal innovation called Supported Decision Making and its specifications.In these nuances, the present monograph aims to demonstrate the urgency of a judiciary system properly prepared to receive the demands that will come with regard to the actions concerning the civil capacity, in view of the problematization of an innovative institute.In addition to the essential need of the State, Judiciary and society to adapt to grant dignity and unprejudice to the Person with Disabilities so that they can exercise the civil capacity intrinsic to their nature in parity with the others, effecting, so to speak, the rights and guarantees constitutional and human rights.