A RESPONSABILIDADE CIVIL DA PESSOA COM DEFICIÊNCIA INTELECTUAL E O DEBATE SOBRE A PRESUNÇÃO DE SUA CAPACIDADE CIVIL

Authors

  • Ana Cristina Heidemann Centro Universitário Católica de Santa Catarina
  • Caroline Eduarda Leite Morais
  • Flávia Balduino Brazzale https://orcid.org/0000-0003-1669-6447

Abstract

This study investigated the civil liability of individuals with intellectual disabilities following the enactment of Law No. 13.146/2015, which presumes their full legal capacity, in line with the International Convention on the Rights of Persons with Disabilities. The initial hypothesis was that, being fully capable, their liability should be assessed subjectively. The research adopted the deductive method, monographic procedure, and bibliographic research. The theoretical framework was based on the dignity-freedom approach, which values autonomy, and the dignity-vulnerability approach, which emphasizes protection. It was found that, as a rule, individuals with intellectual disabilities should be subjectively liable. However, when guardianship is established, objective liability is transferred to the guardian, as provided by the 2002 Civil Code and the Draft Bill for its revision.

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Published

2025-12-10

Issue

Vol. 9 No. 1 (2025): Direitos fundamentais - Direito e Sustentabilidade

Section

Artigos

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