O apoio na tomada de decisão e seus limites

Abstract

The Convention on the Rights of Persons with Disabilities introduced the model for supporting the exercise of capacity into the Brazilian legal system. In order to meet the general orientation of the conventional norm, among other changes, the Brazilian Law of Inclusion (Law No. 13.146/2015) introduced supported decision-making into the Civil Code, with the purpose of guaranteeing the exercise of autonomy by persons with disabilities. It proposes to observe the action of the supporter in the face of the autonomy of the supported person, according to the idea of reasonable adaptation, where legal capacity would be the desired situation and support would be the adjustment necessary for the person with disabilities to exercise their rights in equal opportunities with other people, focusing on the limit of the support. A bibliographic research was carried out through a study of the pertinent legislation and using the methodology of civil-constitutional law. In order to understand the claims of people with disabilities, the study recovered the evolution of the treatment given to this group in Western societies, examined the institute of supported decision-making in the light of constitutional commands to favor its application and utility and also observed the possibilities of interaction between the supported person and the supporter. It was concluded that the role of the supporter finds its limitation in the will and preferences of the supported person.