Repercussions of decision making supported by the validity of legal businesses celebrated by persons with disabilities

Abstract

The Statute of the Person with Disabilities introduced substantial changes in the legal system in relation to civil capacity, significantly altering the disability regime. Thus, the disabled person will, as a rule, be considered fully capable to exercise all acts of legal life. With the advent of the Statute, next to the trustee, supported decision-making emerged, a measure that can be used by the person with disabilities as an aid for the practice of these acts, maintaining their capacity unscathed. Thus, the present study proposes to analyze the validity of the legal deals concluded by the person with disabilities subject to decision making, defined in the support term, which did not have the support of the supporters. To this end, this work was developed through qualitative research, whose method of approach was deductive, using the bibliographic as an instrumental procedure, based on books, scientific articles, scientific journals, legislation and bill. Currently, the majority understanding of the authors of the law is for the validity of the legal transactions carried out without the participation of the supporters, even when these acts are involved by the support, despite divergences and few discussions on the subject. However, this understanding can be reformulated, due to the processing in the Chamber of Deputies of Bill no. 11.091 / 2018, which in its text provides for the annulment of the legal transactions carried out without observing the provisions of the decision-making approved and registered in the public register.