O que mudou? A autonomia civil da pessoa com deficiência intelectual frente à lei no 13.146/15

Abstract

With the advent of the Constitution of the Person with Disabilities (Law 13.146/15) new social inclusion rules for people with intellectual disabilities were established, among them, the removal of the Person with intellectual disability from the list of incapable people. It is for this reason that, five years after its promulgation, that occurred on July 6, 2015, the question remains as to its effectiveness, both in a social and legal point of view. With a bibliographic methodology, hypothetical-deductive method and qualitative type research, this paper sought to understand how society and law contributed to guarantee the civil autonomy of people with intellectual disabilities and how attitudinal barriers influenced this journey. First, a social analysis of disability was made, tracing its historical panorama it’s process of segregation and social exclusion, and then entering into a new meaning of the concept of disability and the conceptualization of attitudinal barriers to accessibility. In a second step, it was sought to understand the civil life of people with disabilities in the face of new and old legislation, going through the invisibility of people with intellectual disabilities in Brazilian law until the current Law for Inclusion of People with Disabilities, an important document that revolutionized outlook for the intellectual disabled person. Finally, the third step of this research sought to discuss how the recognition of the autonomy of the person with disabilities is taking place in a social and legal context, being the first approach regarding the autonomy of the person with intellectual disabilities, taking into account the attitudinal barriers and in the second approach the civil autonomy of the person with intellectual disability after Law 13.146/15 and its effectiveness in the application of regulations in the Brazilian judiciary.