A eficácia prática da Tomada de Decisão Apoiada

Abstract

The present work has as its starting point the transformation of the legal treatment given to the disabled person throughout history. At present, the disabled receive a differentiated legal framework that is the result of the existence of a microsystem of protection formed by the New York Convention, Federal Constitution, the Statute of the Person with Disabilities, Civil Code and other sparse laws. The preservation of the self-determination of the handicapped and of freedom are the values that form the basis of support for this protective micro-system. Faced with the physical, intellectual and sensorial limitations that impede or hinder free access and the full participation of the disabled in the social environment, it is imperative to create support measures that assist the subject in the exercise of their rights. These measures aim to guarantee the protagonism of the disabled in the various social relations that concern them. In this conception, the Supported Decision Making appears as an important legal-protective instrument placed at the disposal of persons with disabilities for the full exercise of the acts of civil life. The beneficiary of the support itself has the power to define the limits, content and extent of the protective measure, which demonstrates the search for the preservation of its autonomy in the scope of acts of civil life. Due to the support term signed, the Supported Decision Making is of a negotiating nature, made possible in a process of voluntary jurisdiction. In spite of the advance represented by the institute's entry into our legal system, certain practical applicability issues need to be solved in order to guarantee the desired effectiveness, which is the object of this study