The repercussion of the inclusion of supported decision-making in the brazilian legal system

Abstract

Law n. 13,146 of 2015, known as the Statute of Persons with Disabilities, brought many advances for people with disabilities, such as respect for dignity, autonomy, as well as their inclusion in society. Furthermore, it innovated in relation to the theory of incapacities and included the Institute of Supported Decision Making in the legal system, which meant that the Institute of Curatela was used only in exceptional cases. Because of this, the present study is focused on researching the repercussions on the Supported Decision Making procedure in Brazil, as well as its effectiveness and the challenges faced in its practical application. Therefore, to be able to achieve this objective, we intend to understand the rights of people with disabilities after the approval of Law 13,146 of 2015, study how the decision-making procedure takes place and in which situations it should be applied and finally analyze some judgments from Brazilian Courts, to check how they are applied in specific cases. The study carried out here was predominantly through the deductive method aiming to analyze judgments subsequent to the implementation of Law 13,146/2015, through qualitative analysis, with the research material used being, for the most part, bibliographic, through the selection of literary works and scientific articles and jurisprudential analysis, making it possible to observe that Supported Decision Making is being effectively applied as described in the legal system, protecting the autonomy and dignity of people with disabilities.