LEGAL PROTECTION OF PERSONS WITH DISABILITIES FROM THE PERSPECTIVE OF THE STATUTE OF PERSONS WITH DISABILITIES

Abstract

To begin this analysis, it is essential to understand the context of the Statute of Persons with Disabilities (Law No. 13,146/2015), a legal framework that incorporates the International Convention on the Rights of Persons with Disabilities and redefines the foundations of Civil Law to guarantee autonomy, accessibility, and equal opportunities for persons with disabilities.
Now that we have established the origin and objectives of this article, it is time to discuss how its provisions have changed the exercise of civil capacity, access to contracts and conventions, and liability for discriminatory practices. We will focus on three main aspects:
1. Civil capacity and support regimes – replacement of general guardianship by limited guardianship and support mechanisms, pursuant to articles 6 and 84 of the Statute;
2. Accessibility and inclusion in private contracts – obligations to adapt environments and services to guarantee the full exercise of property and consumer rights;
3. Civil liability for discrimination – application of articles 28 and 88 of the Statute and the Civil Code for compensation for unjustified barriers or discriminatory conduct.
Finally, we will present in a clear and objective manner the impacts of these innovations on the daily lives of people with disabilities, inviting the reader to put themselves in the shoes of both rights holders and legal practitioners in order to understand the challenges, opportunities and pressures that emerge from this new legal paradigm.