The Perspective of Higher Courts on Guardianship Following the Statute of Persons with Disabilities
The article aims to analyze landmark decisions of the Federal Supreme Court (STF) and the Superior Court of Justice (STJ) regarding the institution of guardianship following the enactment of the Convention on the Rights of Persons with Disabilities (CRPD) and the Statute of Persons with Disabilities...
| Autores principales: | , |
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| Formato: | Online |
| Lenguaje: | Português |
| Publicado: |
TJDFT
2025
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| Acceso en línea: | https://revistajuridica.tjdft.jus.br/rdj/article/view/1134 |
| Sumario: | The article aims to analyze landmark decisions of the Federal Supreme Court (STF) and the Superior Court of Justice (STJ) regarding the institution of guardianship following the enactment of the Convention on the Rights of Persons with Disabilities (CRPD) and the Statute of Persons with Disabilities (SPD), which brought profound changes to the incapacity system. The compatibility of these decisions with the guiding principles of the CRPD and the SPD will be assessed. It is observed that the Higher Courts ruled on issues subject to doctrinal and jurisprudential divergences, such as the possibility of declaring the absolute incapacity of adults or the extent of the effects of guardianship on existential acts. The study concludes that the decisions align with the objectives of preserving the autonomy and equal treatment of persons with disabilities. Moreover, they suggest approaches for judicial decision-making techniques that impose restrictions on capacity in a concrete and individualized manner, respecting the specificities and health conditions of the individual. |
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| ISSN: | 2675-9640 |
| DOI: | 10.22477/rdj.v116i00.1134 |