Capacidade e saúde mental: uma análise do sistema de proteção jurídica de pessoas com transtornos mentais após a vigência da Lei Brasileira de Inclusão

Abstract

The present work aims to analyze the juridical protection system for people with mental disorders after the validity of law nº 13.146, of July 6, 2015 that instituted the Brazilian Law for Inclusion of Persons with Deficiency (Person with Deficiency's Statute), considerating the deepest alterations that the refferd law has provoked in theory of inability and in the news perspectives of the exercise of autonomy by people in question. It was showed inicials concepts relative to people with mental disorders to a greater understanding about the situation and those people rights in Brazil, standing out the achievements of the Law nº 10.216/2001 that has about the protection of the rights of the people with mental disorders and e redirects the asistential model in mental health. Then, it was exposed a study about the evolution of the theory of the incapacities until yours atual structuration. At the same time that was done a short exposition of the process of development and implementation of the Person with Deficiency's Statute on the Brazilian's private right. Despite that, proceed to an analysis of the reflects of one law in question about the aspects of autonomy and the protection of the people with mental disorders, followed of a study about juridical's instruments of protection and support that are actual disponible, highlighting the decision making supported and to the new trustee's model, beyond a short mention of a control possibility after the juridical's acts practiced by people with mental disorders, not being sujected to any of the mentioned institutes. Lastly, was showed and commented some jurisprudence envolving the application of the means of protection and support quoted, with sights to identify the receptivity of the operators of the rights in relation to the new sistematic. To attend the objective of the present search, an investigation of doctrine, jurisprudence and legislation related to the themes of civil capacity, mental health and autonomy was carried out, in order to build a better understanding of these issues. As a methodology was used the approach methods of hypothetical-deductive and historical procedure, comparative and monographic were used, through the technique of indirect documentary research, since for data collection bibliographic and documentary research were used. So, it was found that the Brazilian Inclusion Law has been successful in the implementation by enabling the harmonization of the ideals of legal protection and autonomy of people with mental disorders through the new instruments of support and protection.