Of People With Mental Disorders And Disabilities

An Interdisciplinary View For The Interpretation Of The Statute Of People With Disabilities

Abstract

Throughout the construction of civil capacity, this proved to be isolated from the sciences that comprise its study, which was no different with the enactment of Law n. 13.146/2015, known as the Statute of Persons with Disability (SPD). In this sense, people with mental disorders and disabilities began to have a supposed autonomy conferred by the law that most unprotected such individuals, and, at the same time, provided the most diverse judicial interpretations, causing legal uncertainty. Thus, the objective of this article is to bring the vision of other sciences, especially medicine and psychology, in order to seek a more adequate interpretation for the protection of the autonomy of these people. Therefore, based on the analysis of legislation, jurisprudence and the medical, legal and psychological literature, chapter 2 will address the understanding of medicine in the treatment given to people with mental disorders and disabilities; then, in chapter 3, what are the contributions that psychology can bring in the pursuit of exercising the capacity of such individuals; in chapter 4 what is the legal vision about the interpretation of the SPD and what paths can be built from the referred law. It appears that the evolution of civil capacity in the Brazilian legal system still requires an intense interdisciplinary interlocution, so that the dignity of such people becomes effective.