LAW No. 13,146/2015 AND ITS EFFECTS ON THE AUTONOMY OF PEOPLE WITH DISABILITIES ALONG WITH THE SUPPORTED DECISION

Abstract

The Disability Statute, Law No. 13,146/2015, brought significant changes to the rights of People with Disabilities (PWD) in Brazil by abolishing categories of absolute or relative incapacity, ensuring equality before the law. It introduced Supported Decision-Making, guaranteeing autonomy in legal capacity, based on the principles of dignity and autonomy. This study examines this approach, highlighting its pivotal role in the inclusion and autonomy of PWD in Brazilian society. Supported Decision-Making provides trusted support in areas like healthcare, finances, and education, preserving the independence of individuals with disabilities. It is less restrictive compared to guardianship, promoting freedom of choice since 2015. Chapter 2 of the text explores this concept, emphasizing its importance in enhancing the autonomy of PWD. Additionally, the text underscores the need for clear interpretation of the law by courts, collaboration between human rights experts and PWD advocates, the development of efficient oversight mechanisms, and education on Supported Decision-Making. It also emphasizes the integration of assistive technology to promote autonomy. While the Statute marked a milestone, the future demands stringent oversight, collective effort, and continuous commitment to eliminate barriers to autonomy, ensuring complete equality and inclusion for people with disabilities in Brazil.