A responsabilidade civil da pessoa com deficiência com o advento da lei 13.146/2015 (estatuto da pessoa com deficiência) e seus efeitos na curatela e na tomada de decisão apoiada

Abstract

From an inclusive perspective, the Statute of the Person with Disabilities sought to broaden the rights and concretize guarantees already provided for in the New York Convention and the 1988 Constitution. Thus, unlike in remote times where the solution was segregation based on a medical bias to characterize people with disabilities, there is now a more adequate social posture, so that community participation becomes necessary for the realization of the rights of these people, based on the dignity of the human person. With nowadays advances, Law 13.146/15 caused a sudden change in the Civil Code of 2002, more specifically in the civil capacity rule. This change states that people with disabilities, as a rule, are no longer considered incapable, and therefore have full discretion for the acts of civil life, only having the possibility of falling into the role of the relatively incompetent, as an exception. These changes in the theory of disabilities directly affect the institute of curatorship, abolishing the expression "interdiction" and brings forth a new model of aid, which is the decision making supported. Therefore, this study takes into account all the innovations brought by the Brazilian Inclusion Law. It makes an analysis of the civil liability of people with disabilities after the advent of this Law, since there were no substantial changes in the Civil Code, pondering the question of capacity and vulnerability, also analyzing material equality. There are still several loopholes left by the EPD, such as the theme under analysis, which were solved by this work, adopting viable postures and pragmatic results as objectives. Based on the theoretical research and bibliographical methodology, a critical approach was taken on outdated institutes, starting from the idea of reasonableness, and relating a new bias to the accountability of such people, with the aid of the analogical application of some articles of the Civil Code that satisfy the result sought by the Statute.