Estatuto da pessoa com deficiência: mudanças paradigmáticas na teoria das incapacidades e ensaios acerca da interpretação mais adequada da legislação.

Abstract

The research turned to the analysis of the impact caused by the advent of the Statute of the Person with Disabilities (Law 13146/2015) about the institutes of incapacities, of representation and of curatorship. To this end, bibliographic survey aimed to score the different positions on the issue, and, from your confrontation, indicate directions for theoretical discussion of the theme. Were prioritized the theoretical, logical and conceptual aspects to provide a deductive framework, namely, the principles for them to deduce the rules and, finally, the practical application of the institutes. Thus, the work is exposed in three parts, namely: (1) for contextualization, the presentation of the basic institutes, namely, the civil personality, juridical capacity and the capacity to act; (2) analysis of the primary legislation focused on subsistence (or not) of the institute of legal representation in the actual legal system (3) the confrontation with the rules contained in the New Code of Civil Procedure that rescued the terminology "interdiction". In addition, through guiding parameters establishments, was built an attempt to point the best interpretation of the legislation in vogue, in particular with regard to the curatorship.