The new legal incapacity's system established by law 13.146/15 and its social-juridical repercussion

• Grant number: 17/06189-9
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: July 01, 2017
• End date: December 31, 2017
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Otavio Luiz Rodrigues Junior
• Grantee: Letícia Andrighetto Hardoim
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

This research aims to analyse the modifications caused by the introduction of the law 13.146/15 in the Brazilian legal system: the establishment of a new legal incapacity system and the impact of this change over relevant institutes of Private Law, as the marriage, the guardianship, the legal business, and how this change echoes on society. With the new writing of 2002 Civil's Code's articles, the disabled person is capable of acting in civil life. The consequences of this change on the real world are significative, making the research on this matter indispensable. The goal is to understand how and to what extent the new legal framework's definition affects the Private Law's institutes and juridical relations related to legal incapacity, and verify if it's purpose will be achieved. (AU)