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Of the current situation of the curatorship: the understanding by the paulista judiciary

Grant number: 19/05130-6
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): June 01, 2019
Effective date (End): December 31, 2019
Field of knowledge:Applied Social Sciences - Law
Principal Investigator:Kelly Cristina Canela
Grantee:Paula Santiago Soares
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The curatorship is a legal aid institute, that has as a goal the protection and aid of those that the law, for some reason, considers unfit to perform certain acts of civil life, still several questions involving this institute have emerged in the last couple of years due to the legislative changes that have taken place, first by the "Statute da Pessoa com Deficiency" (Law nº 13.146/2015), which came into force in January of 2016, and posteriorly by the "Coding de Process Civil" of 2015, which came into force almost two months after the "Statute". Both laws have divergent provisions regarding curatorship, creating an antinomy in the legal system, in this way, there are diverges in relation to the possibility of self-curatorship, to the application of the curatorship only for acts of negotiation and patrimonial character as determined by the "Statute", to the presence of multidisciplinary tem to assist the judge in the determination of the curatorship, with the "CPC" bringing this point as a faculty and the "Statute" bringing it as a mandatory manner, among others. Therefore, it is necessary to analyze how these devices are being applied by the magistrates, so as to understand how the Judiciary is dealing with the presence of this antinomy since a solution has not yet been in force, only a Bill which is still in a long process of voting in the Senate and which is not one of the best options. Because of this, the research will be carried out using the empirical method by analyzing sentences collected in the electronic system of the Court of Justice of São Paulo, because it presents itself as a richer material, manly because the reason for the analysis occurs in a recent period of time, and there is not a sufficient number of jurisprudence to carry out the study in a complete way.