Os impactos do estatuto da pessoa com deficiência no direito protetivo pátrio e sua antinomia com o novo código de processo civil. 2017

Abstract

It was intended, in this work, to expose the innovations made by the Disabled Persons Statute in the disability regime and to analyze the existing antinomy between its devices and the Code of Civil Procedure. For this purposal, the research was based on a bibliographic, qualitative and descriptive method. A brief overview of the evolution of the treatment of persons with disabilities and of the international instruments that have contributed to this progress has been made. In sequence, it was evaluated the provisions of the Statute and the civil procedural law that are in apparent conflict of norms with regard to the procedure of curatorship, defending the prevalence of the first. Aiming to better illustrate the differences of position regarding the application of conflicting norms, it was tried by the Court of Justice of the State of Minas Gerais. It is concluded that, although the Statute represents a major step forward for the autonomy of disabled people, removing the generalization previously existing in the incapacity institute and separating disability from incapacity, certain aspects need to be better adapted to reality so that innovation does not become a legal fiction.

It was intended, in this work, to expose the innovations made by the Disabled Persons Statute in the disability regime and to analyze the existing antinomy between its devices and the Code of Civil Procedure. For this purposal, the research was based on a bibliographic, qualitative and descriptive method. A brief overview of the evolution of the treatment of persons with disabilities and of the international instruments that have contributed to this progress has been made. In sequence, it was evaluated the provisions of the Statute and the civil procedural law that are in apparent conflict of norms with regard to the procedure of curatorship, defending the prevalence of the first. Aiming to better illustrate the differences of position regarding the application of conflicting norms, it was tried by the Court of Justice of the State of Minas Gerais. It is concluded that, although the Statute represents a major step forward for the autonomy of disabled people, removing the generalization previously existing in the incapacity institute and separating disability from incapacity, certain aspects need to be better adapted to reality so that innovation does not become a legal fiction.