CONTOURS AND CHALLENGES OF DECISION MAKING BASED ON THE BRAZILIAN EXPERIENCE

Abstract

This article aims to analyze the reception and application of Supported Decision Making in the Brazilian legal system after six years of the establishment of the institute by Law no. 13.146/2015, the Brazilian Inclusion Law or Statute of Persons with Disabilities, legislation derived from Brazil's ratification of the International Convention on the Rights of Persons with Disabilities and which added such an instrument to the Civil Code of 2002. The study on the topic shows pertinent, given that such a mechanism has a broad emancipatory character for people with disabilities, especially mental and intellectual disabilities, and, due to this, should be better understood and used. The aim is, therefore, to understand the contours and challenges for applying the institute. The wording of the art is critically analyzed. 1,783-A of CC/2002, focusing on its contribution to the effectiveness of the instrument. Taking as a starting point the parameters established by the International Convention on the Rights of Persons with Disabilities, we seek to know the necessary guidelines to not only stipulate the limits of Supported Decision Making, but also the criteria necessary for it to actually promote the autonomy of the supported person.