Capacidade, pessoa com deficiência intelectual e relação socioafetiva

• Ano de defesa: 2022
• Autor(a) principal: Maia, Beatriz Spina
• Orientador(a): Rodrigues, Oswaldo Peregrina
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Estatuto da Pessoa com Deficiência; Pessoa com deficiência intelectual; Capacidade; Relação socioafetiva
• Palavras-chave em Inglês: Statute of persons with disabilities; Person with intellectual disability; Capacity; Socio-affective relationship
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/30272

The present work proposes to relate the institutes of capacity, people with intellectual disabilities and the socio-affective relationship based on the possession of a child status. The approach to disability and its impact on the International Convention on the Rights of Persons with Disabilities was analyzed. The International Convention on the Rights of Persons with Disabilities was addressed, with emphasis on Article 12, which deals with the capacity of persons with disabilities. The principle of human dignity in relation to the theme was highlighted and the recommendations of the Committee on the Rights of Persons with Disabilities were presented and analyzed. The changes promoted in the disability regime by the Statute of Persons with Disabilities were addressed. The old regime and the new regime inaugurated due to such modifications were presented. The relationship of filiation in positive law with the advent of the Federal Constitution of 1988, the regulation of kinship in the Civil Code of 2002 and the fundamental right to family life of the disabled person was analyzed. The assumptions and legal effects of the socio-affective relationship were examined. The institutes of the legal act-fact and the legal act in the strict sense were differentiated in order to address the socio-affective affiliation that involves people with disabilities in the light of the theory of the legal fact. The framing of the socio-affective affiliation of the person with a disability in a different legal nature was justified, in view of the elements that compose it. These elements were addressed to justify such a classification