Statute of Persons with Disabilities and the disabilities doctrine

Abstract

This article examines the changes made on the Brazilian legal disabilities system by the enforcement of the Statute of the Persons with Disabilities, in January 2016. It describes the meaning of disability from the interpretation that it only affects legal acts lato sensu, understood as acts that require a manifestation of conscious will for their creation. It analyzes the manifestation of the will on the plans of existence and validity of legal acts from the perspective of the relation between will, consciousness, and discernment. This analysis is based on theories regarding the tripartite plans of the legal fact. Finally, it shows which legal formulations may be related to the will and thus used to study the Statute of Persons with Disabilities and its regulations in the Civil Code.