Tomada de decisão apoiada: a efetiva aplicabilidade a partir da autonomia e da inclusão da pessoa com deficiência.

Abstract

The disabled person has been struggling historically for his or her effective voice space in society. History, in turn, is tainted by the atrocities that have been inflicted on minorities under the most diverse justifications for extermination, including the blood of people with disabilities shed throughout history on the pretext of not having a decent life to be lived. Fortunately, this is a plan that has been changing and evolving over the years and thanks to the tireless struggle of the disabled and supporters of the cause. In this context, we start with an ultra-protective social model for inclusion and autonomy. These changes have arrived in Brazil, requiring a real paradigmatic change in relation to the legal treatment of the disabled person through the existing institutes to promote protection. The priority now is to ensure, in addition to protection, the effective inclusion of disabled people in society, so that they can enjoy all their rights in the most autonomous way possible. In 2015, the Brazilian Inclusion Law establishes decisionmaking supported as an instrument to support the exercise of the civil capacity of persons with disabilities, with the aim of leaving the curatorship only in extreme cases. Since the disabled person, who is over 16 years of age, can no longer be considered as absolutely incapacitated, it is necessary to ensure that the existing instruments for support and representation have their best applicability and thus society still reluctant to update concepts and get rid of prejudices. It occurs that the decision making process supported finds many difficulties, both in the normative scope and in the social scope, for its application. The present study analyzes the obstacles to the effective applicability of the support institute, observing both the harmony of the laws that underpin the institute and the obstacles to application in the Judiciary. Finally, it aims to find solutions to make supported decision making an effective and useful instrument in the exercise of the civil capacity of the person with disability, promoting their autonomy and freedom in na effective way.