Casamento da pessoa com deficiência intelectual: validade, curatela e regime de bens

Abstract

This work is concerned with the legal issues surrounding the marriage of individuals with intellectual disabilities—especially the most severe cases. To this end, both the landscape before and after the promulgation of the International Convention on the Rights of Persons with Disabilities and the Brazilian Statute of Persons with Disabilities will be examined, as these instruments triggered a radical shift in the legal approach to the subject. The entire incapacity system was overhauled, granting autonomy to persons with disabilities for carrying out existential acts. Additionally, the powers of guardians were better defined, now limited to patrimonial acts (at least according to the literal interpretation of the Brazilian Inclusion Law). Despite the notable progress achieved, the current system still appears to require further improvements, making it necessary to study alternatives to better protect these individuals. The analysis will be confined to the context of marriage, a fundamental institution for upholding the dignity of the human person, with a greater focus on the regime of matrimonial invalidities, the guardian's role during the establishment of marriage, and the choice of the property regime by persons with disabilities. Thus, the study aims to analyse alternatives that offer a more appropriate legal approach to the marriage of individuals with intellectual disabilities, especially those unable to express their own will, by investigating these three main issues. It is noteworthy that the study is theoretical in nature and will be based on research and literature review, including jurisprudential research to provide concrete support for the debate.