Psychiatric evaluation of civil capacity with the new Brazilian Statute of the Person with Disabilities

AUTOR(ES)

Abdalla-Filho, Elias

FONTE

Rev. Bras. Psiquiatr.

DATA DE PUBLICAÇÃO

22/05/2017

RESUMO

The objective of this paper is to provide an update to psychiatrists regarding the new Brazilian Law for the Inclusion of People with Disabilities (BLI, Law 13,146 of 2015), and, specifically, to discuss potential implications of situations in which examination by a forensic psychiatrist points toward civil incompetence, while the above-mentioned law mandates full civil capacity for disabled persons. A study of Law 13,146/2015 was conducted, including a comparative analysis of legal and psychiatric approaches on the subject. This analysis revealed that the BLI has generated differences of opinion among legislators. However, the greatest difference seems to arise between the justice system and psychiatric expertise in relation to the difference of criteria adopted in the two approaches. The BLI is very recent; it should be revised in response to debates among psychiatrists and the criminal justice system, and especially as jurisprudence is formed over time.

Documentos Relacionados

• PSYCHIATRIC ASPECTS OF SIR THOMAS BROWNE WITH A NEW EVALUATION OF HIS WORK
• ERRATUM: Quality of Care Scale in Brazilian Portuguese: the perspective of people with disabilities
• O abuso e o novo direito civil brasileiro
• Children with psychiatric disorders and learning disabilities: Their needs extend beyond the provisions in national service framework
• READAPT: An Evaluation of Services for People with Learning Disabilities