Prestação de contas na curatela: a necessidade de uma abordagem subjetiva para a proteção do melhor interesse do curatelado

Abstract

This article proposes a critical reflection on the Accountability Process in Guardianship. The main issue addressed is the effectiveness of the current process, which mainly focuses on the financial dimension, neglecting a multidisciplinary approach. This one-dimensional approach may not align with the best interests of the ward, contradicting the essential purpose of guardianship as stipulated in Article 755, §1 of the Civil Procedure Code. Through a theoretical and legal analysis of the guardianship institution and the Accountability Process, this article draws an analogy with the subjective accountability process used in custody cases. We argue that it is crucial for the oversight of the guardianship process to also encompass subjective aspects, in order to ensure the effective protection of the ward's rights and interests.