O impacto do Estatuto da Pessoa com Deficiência nos contratos de consumo celebrados por pessoas com déficit psíquico ou mental

Abstract

The impact of the changes promoted by the Disabled Person Statute on disability theory, as a result of the protection-emancipatory system inaugurated by The United Nations Convention on the Rights of Persons with Disabilities, signed in New York in 2007, prompted doctrinal question whether the emancipation granted to persons with mental or psychic deficits has taken place adequately. The general objective of the research is the analysis of this impact in the celebration of consumer contracts, mainly with respect to the patrimonial effects and the guarantee of the dignity of disabled people. In this way, it is proposed to answer the following question: the Statute, by promoting this change in the theory of disabilities, no longer considering as absolutely incapable the person with functional or mental deficiency, focused on insufficient protection since it allowed that person to enter into consumer contracts freely? As a hypothesis, it is pointed out that the provisions of the Statute in emancipating the person with mental deficit may have set up insufficient protection, since it did not verify the particularities of each person by granting all the full capacity, placing the person's mental disability at risk by allowing it to enter into consumer contracts without assistance or support from other peoples, not yet observing the human dignity of the person with mental deficit. The theoretical reference of research is the empowerment of historically excluded people, a role that is developed both by international humanitarian conventions and internally by civil constitutional law, as well as by the recognition of the vulnerable, by studying the new private law and protecting the vulnerable. The research was developed in the form of theoretical research, based on the collection and revision of articles, legal works and other bibliographical materials related to the presented theme, using the analytical-dogmatic and critical-normative methods, being the methodological orientation developed through the argumentative method, once fundamental rights have been worked, whose content reflects strongly value character. It was concluded that although the new legislation has focused on insufficient protection, failing to observe effective safeguards to prevent abuses, it has been necessary to ensure the dignity of the disabled person. In this way, the solution of any conflict of norms should be based on the idea of complementarity of norms, by the theory of the dialogue of sources, aiming to guarantee the interpretation more favorable to the person with disability and guaranteeing the same the right to the free development of the personality.