Theory of disabilities in the light of law 13.146/2015

implications for Legal (lack of) protection for people with mental disabilities

Abstract

This article studies the modification made by Law 13.146/15 in the Brazilian Civil Code regarding the theory of incapacities. To this end, it initially analyzes the theory of incapacities provided for in the Civil Code of 1916, prepared by Clovis Bevilaqua, and provided for in the Civil Code of 2002, in force until the introduction of the Statute, and conducts research on the concepts of civil capacity and legal personality. The intention of the Statute for the Person with Disability is to promote inclusion and equality among individuals who have some type of mental disability, abandoning the stigmas rooted in contemporary society and seeking an egalitarian treatment. In this regard, the evolution of the terminology used to identify people with mental disabilities, the stigma and prejudice associated with these people, as well as their dignity and vulnerability, are discussed. The amendment, in addition to reformulating the theory of incapacity, has promoted significant changes in legal business and in marriage, as well as in the protection institutes aimed at people with disabilities. Moreover, although the legislation has the scope of protection and dignity, it is noteworthy that the regulation brought in the statute will bring consequences in several areas of civil law, which, instead of bringing benefits, may cause a loss to them.