A mudança de paradigma jurídico no instituto da curatela à luz do Estatuto da Pessoa com Deficiência

Abstract

Within the arsenal of laws on the rights of people with disabilities, it is important to point out that, even today, there is a lack of discussion about the changes that the Statute of the Person with Disability (2015) brought to our legal system. This work aims to analyze, more precisely, the changes brought by the advent of the Statute of the Person with Disability to the institute of curatela. In order to do so, it is necessary, at first, to study about the theory of (in) abilities, as well as the institute of the curatorship before the coming into force of Law 13.146/15, later it is necessary to observe, in a detailed way, not only the legal part of such discussion, but also the social part that encompasses both the physical barriers and the hidden barriers that prevent, in many situations, the person with disability from having his/her autonomy respected. After such notes, it is then possible to explore the concrete changes observed in the social sphere and in the legal text, as well as in the various sources of law. It was used by the deductive method, of an exploratory nature and with a bibliographic research that counts on the study of laws, jurisprudence and doctrines. In addition, this critical research sought to point out misunderstandings in the sources of law regarding both the nomenclature used to refer to the PcD's and the very social treatment for them.