A Capacidade civil da pessoa com deficiência: reflexões acerca das modificações trazidas pela lei 13.146/2015
The most notable feature of this work is the presence of a material analysis with regard to the theme of civil capacity in the context of people with disabilities, seeking to weave a reflective critical stance on the legal phenomenon inaugurated by the establishment of new paradigms brought about by...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/49418 |
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| Resumo: | The most notable feature of this work is the presence of a material analysis with regard to the theme of civil capacity in the context of people with disabilities, seeking to weave a reflective critical stance on the legal phenomenon inaugurated by the establishment of new paradigms brought about by the new status of the person with a disability. Throughout the body of the research, highlighted points brought by the doctrine and compared with the legal phenomenon in question will be observed, which will seek to elucidate the various questions regarding the issues that will be presented. We will bring a critical comparison between the normative brought by the aforementioned document, with some of the most basic principles of Brazilian law, such as the adequacy of the norm to the social fact, as well as the adequacy of constitutional principles to social facts, principles that find its formulation in the theories of authors of great relevance to our doctrine. A theory that will be of great value to this study is the three-dimensional theory of law, which is widely used for the analyzes relevant to it. In short, the present work establishes a new vision regarding the changes brought about by the statute of the person with disability regarding the institute of civil capacity, bringing an objective and practical bias of the striking consequences of this current phenomenon. |
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