The civil capacity and the curator for the person with mental deficiency after law nº 13.146/2015

Abstract

The study aims to expose the differences between the curatela presented in the civil code of 2002, in its original wording, and curatela exposed by the law nº 13.146 / 2015, Statute of the Person with Disabilities. It addresses the civil capacity of persons with disabilities in the course of Brazilian Civil Codes, as well as the treatment of such subjects in codification. It reports on the origins of the Disability Statute, revealing part of the doctrinal understanding of curatorship and civil capacity in the way they were treated prior to law 13,146 / 2015. It exposes the decision making supported, innovation of the protective system. The Dialectic method was used, with historical and comparative secondary procedures, since we sought the genesis of the institute of curatela in the Brazilian order, to later carry out the confrontation between the model previously established and that valid from 2016. Finally we arrived to the conclusion that the curatorship, in its new contours, as well as the decision-making supported, provides for the person with mental disability greater autonomy as well as promotes for the same the effectiveness of the principle of the dignity of the human person.