Instituto da tomada de decisão apoiada

uma questão de promoção de dignidade e autonomia da pessoa com deficiência

Abstract

The Supported Decision-Making is an institute of extreme relevance because it arises to enable the exercise of the civil capacity of the disabled person in a full and autonomous way, through the appointment of at least two suitable people to support the civil acts. Therefore, this legal diploma brings in its bulge important innovations, while ensuring the disabled person the right to exercise civil capacity on equal terms with other individuals. The problem involved in the present scientific research brings up the study if Supported Decision Making can be considered as a mechanism to promote the autonomy of the will of the person with disabilities and provide them with dignity, considering that with the advent of Law 13,146 / 15 the person with disabilities (PCD), capable of expressing his will and with a preserved degree of discernment, started to be considered fully capable of exercising the acts of civil life. A theoretical research was carried out with bibliographic sources, as well as consultation to a jurisprudential overview in order to verify who are the recipients / beneficiaries of this innovation brought by law 13146/2015.Based on the research carried out, documentary analysis of data and documents was carried out using the hypothetical-deductive method, it was observed that with the advent of Law 13.146/2015 and the reception of the Convention on the Rights of Persons with Disabilities of the United Nations in 2008 by the Brazilian legal system, paradigms that circumscribed the recognition of people with disabilities to promote ruptures in the disability regime, the institute is being used by the courts and the disabled person is receiving dignity and autonomy through this institute. The case-by-case study demonstrates more relevant aspects of the incorporation of PCD-supported decision-making and its application to the specific case, which are: the legitimacy to apply for TDA; recipients/beneficiaries of the TDA; the ability to express the will, the guardianship as an extraordinary measure. The recent legal institute is in place. However, what is perceived is that its use is still timid, thus it is necessary to propose actions by public policies that provide the promotion of this institute causing it to reach disadvantaged minorities and toast them with the long-dreamed human dignity, inherent to every individual.