O Estatuto da Pessoa com Deficiência e as repercussões no instituto do casamento: avanço ou retrocesso social?

Abstract

The present work talks about the impacts of the State for the person with disability about the legal institute of marriage, since the law 13.146 assured the right to equal treatment of opportunity and training, such as established the real and effective exercise of people with disabilities’s rights. The work’s objective is to analyze how the alterations on the marriage’s institute promoted by the State for the person with disability contributed to the Brazilian legal system, revealing the need of protective institutes that aim to ensure and promote to the people with disability the full exercise in conditions of equality and rights, such as to assure the respect to dignity and individual freedom effecting its participation on the society. On this approach, are analyzed the historical aspects, as seen the need of comprehend the historical context and legal treatment accepted to the person with disability, such as the modifications on the Brazilian civil code, especially on the incapacities and marriage’s theories. Following, it is examined the marriage’s institute with its proper changes. Therefore, it was proposed the use of protective mechanisms, as the guardianship institute on the marriage making, that aim to assure the autonomy of the will of the person with disability on the marriage. To the development of the work the used methodology was the bibliographic research, with the reading of scientific works and articles published in national and international periodics. The used method was the deductive-hypothetical.