The procedural capacity of the person with intellectual disability submitted to Supported Decision Making

Abstract

After the entry into force of the Federal Law n. 13.146/2015, persons with intellectual disability can make use of the Supported Decision Making mechanism, in order to ensure assistance in the practice of certain acts. It is a protective institute for those persons with disabilities who, despite being legally capable, choose to build a support network with at least two people they trust. However, it is necessary to analyze the impacts of the institution of Supported Decision-Making, notably with regard to the possible limitation to the procedural capacity of the person with a supported disability. This aspect is the object of investigation of this work.