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

Authors

  • Gabriela Expósito Federal University of Bahia (UFBA); Salvador University (UNIFACS)

Keywords:

procedural capacity, person with intellectual disability, Supported Decision Making, Federal Law n. 13.146/2015

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.

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Author Biography

Gabriela Expósito, Federal University of Bahia (UFBA); Salvador University (UNIFACS)

M.Sc. Federal University of Bahia (UFBA); Professor at Salvador University (UNIFACS) and Federal University of Bahia (UFBA)

Published

2021-09-02

How to Cite

EXPÓSITO, Gabriela. The procedural capacity of the person with intellectual disability submitted to Supported Decision Making. Civil Procedure Review, [S. l.], v. 12, n. 3, p. 11–30, 2021. Disponível em: https://civilprocedurereview.com/revista/article/view/239. Acesso em: 23 nov. 2024.

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Section

Artigos