A tomada de decisão apoiada como instrumento processual de concretização do direito ao exercício da capacidade civil da pessoa com deficiência

Abstract

This paper aims to analyze and discuss the application of constitutional principles and international regulations, such as the ONU Convention and the Law on the Inclusion of People with Disabilities. Specifically, we emphasize supported decision-making as a fundamental mechanism for ensuring autonomy and promoting equal access to justice for people with disabilities. To develop the research, we used the deductive method with a literature review on Supported Decision Making as a procedural instrument to guarantee the exercise of civil capacity for people with disabilities. Using a bibliographical and qualitative approach based on the studies of Martins (2004), among other authors, as well as legal documents, this work seeks to reflect on and identify the challenges faced by people with disabilities in exercising their civil capacity. The exploratory and analytical reading of the literature review on the subject of study supported the analysis of the data in the light of the theoretical framework. The justification for this research lies in the need to broaden understanding and disseminate the rights of people with disabilities in the Brazilian legal context, focusing on the relevance of supported decision-making as a viable alternative to the traditional practices of interdiction and curatorship. We also sought to contribute to the academic and practical debate on promoting the autonomy and dignity of these individuals, consolidating legislative advances and identifying challenges and opportunities for the realization of these rights in the Brazilian reality. The data indicated that Supported Decision Making not only strengthens individual autonomy, but also broadens access to justice for all citizens, regardless of their functional capacities. Guaranteeing this right not only respects legal and ethical precepts, but also reinforces the values of dignity and equality for all people.