TESTAMENTARY CAPACITY OF A PERSON WITH AUTISTIC SPECTRUM DISORDER AND SUPPORTED DECISION MAKING

Abstract

The changes introduced by the Statute for People with Disabilities are an important step towards equality and non-discrimination. This article discusses Supported Decision Making (SDT) in the context of the Brazilian legal system, focusing on formal and material equality. Compared to curatorship, ADT aims to protect the interests of people with disabilities, preserving their autonomy. The legislation considers people with Autism Spectrum Disorder (ASD) to be disabled for legal purposes. Through an act of last will and testament, the person disposes of their assets during their lifetime. In this environment, the work sought to ascertain whether people with ASD have testamentary legal capacity. To this end, the methodology used was the deductive method, with a qualitative approach, and the exploratory bibliographical research procedure, with a search of doctrine, laws and national court decisions. It was concluded that, in relation to the testamentary process for people with ASD, Brazilian legislation does not have specific provisions, however, the Institute of Supported Decision Making can be a useful tool in this context, allowing the person with Autism Spectrum Disorder to choose supporters they trust to help them make decisions about their estate.