Legal guardianship of individuals with Alzheimer’s disease subsequently subjected to the law on inclusion of those persons with deficiencies pursuant to statutory regulation 13,146/2015: material aspects and procedures

Abstract

Legal guardianship continues to remain as a controversial subject matter in legal literature and in the courts, even after the legal passing and acceptance of the Statutory Regulation governing Persons with Deficiencies (Statutory Regulation No. 13,146/2015), despite being an amply known and a widely accepted concept as utilized in the legal community. Therefore, this theme needs to be further explored for review and analysis. This research aims to demonstrate how legal grounds in Brazil are applied in the exercise of the rights and duties of those persons with Alzheimer’s disease, since these individuals are considered to be persons with deficiencies pursuant to the social model as adopted by the Statutory Regulation governing Persons with Deficiencies. Moreover, it is known that the Statutory Regulation removes civil incompetency due to mental, physical, and/or intellectual deficiency. This research has been conducted in the nature of the qualitative method and by analyzing the fundamentals of the civil capacity of those persons with Alzheimer’s diseases and by what means the curing of incompetency occurs. Additionally, there is an effort made to demonstrate certain examples of existing research establishing its application in the Appellate Courts and in the Courts with Special Jurisdiction. A methodology for the systematic review of the literature and of adjudged paradigms has been adopted as the norm. The data obtained indicates that there has been a transition in the system of legal guardianship of those individuals with Alzheimer’s disease.