Banca de QUALIFICAÇÃO: JOANNA DHALIA ANDRADE MACEDO GOMES

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : JOANNA DHALIA ANDRADE MACEDO GOMES
DATE: 09/06/2022
TIME: 11:30
LOCAL: PLATAFORMA VIRTUAL - Microsoft teams
TITLE:

 THE THEORY OF ABILITIES IN LIGHT OF THE STATUTE OF THE HANDICAPPED PERSON: HUMANIZATION OF GUARDIANSHIP AND THE GUARANTEE OF EXISTENTIAL ACTS FOR PEOPLE WITH INTELLECTUAL DISABILITIES

KEY WORDS:

Person with Disability. Theory of abilities. Autonomy. Dignity of the human
person. Brazilian Law of Inclusion.

PAGES: 124
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This is a study on the theory of abilities after the modifications made by the Brazilian law of
inclusion, called the statute of the person with disability, focusing on the study of the support
system that has as its main institute the trusteeship and analyzing especially the guarantee to
practice existential acts. The problem arises in view of the changes in the theory of
capabilities that irradiate effects in the entire legal system and brings new guidelines for the
approach to disabilities, especially the importance of not limiting the rights of people with
disabilities, focusing on seeking the emancipation of these people in order to give them
maximum autonomy within the limitations they present, but without confusing disability with
incapacity as a sine qua non condition. Aiming to explore the autonomy of people with
disabilities and the guarantee of the practice of legal acts, the need for a support system
adaptable to the particularities of each person with disabilities will be demonstrated. With the
intention of provoking reflection on the impediments that this group faces, since the barriers
are often invisible to people who do not live with a person with intellectual disability, and
society's awareness is necessary in order to respect the differences. Finally, the study explores
the importance of autonomy for the enforcement of the rights of people with disabilities, who,
even with limited civil capacity, must have the maximum privilege to make the choices of
their own lives that they concretely express, providing protection and support at the same
time, without replacing the will of people with disabilities by third parties. Therefore, this
study starts and ends with the study and analysis of the modifications in the theory of abilities,
especially the functionalization of the support measures and the extension of the support to
patrimonial and existential acts, using the deductive method with a bibliographic and
jurisprudential research on the subject, especially from the standpoint of the civil-
constitutional law and the protection of people with intellectual disabilities.

BANKING MEMBERS:
Interno - 3289832 - JOSE BARROS CORREIA JUNIOR
Interna - 2280141 - JULIANA DE OLIVEIRA JOTA DANTAS
Presidente - 3497763 - MARCOS AUGUSTO DE ALBUQUERQUE EHRHARDT JUNIOR