Assisted Decision-Making (Capacity): A New Legal System Where the Will of People with Disabilities Really Matters? The Portuguese Experience

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Abstract

Law 49/2018, of August 14, created the Portuguese legal regime of the assisted decision-making (capacity), thus eliminating the legal institutes of interdiction and disqualification, provided for in the Civil Code (CC). The aim of this legal regime was to embed a new vision of disability based on a model of rights, that grants people with disabilities an independent and autonomous life and reflects the acceptance of the International Convention on the Rights of Persons with Disabilities (CRPD) guidelines. This paper intends to discuss the ‘new’ Portuguese legal system regarding the legal capacity of persons with disabilities and its role in valuing the expression of the real will of people with disabilities.

Original languageEnglish
JournalInternational Journal for the Semiotics of Law
DOIs
Publication statusAccepted/In press - 2022

Keywords

  • Capacity
  • Decision-making assistance
  • Disability
  • Interdiction

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