TY - JOUR
T1 - Assisted Decision-Making (Capacity)
T2 - A New Legal System Where the Will of People with Disabilities Really Matters? The Portuguese Experience
AU - Neto, Joana Isabel Taveira Ferreira
N1 - Publisher Copyright:
© 2022, The Author(s), under exclusive licence to Springer Nature B.V.
PY - 2022/4/19
Y1 - 2022/4/19
N2 - 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.
AB - 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.
KW - Capacity
KW - Decision-making assistance
KW - Disability
KW - Interdiction
UR - http://www.scopus.com/inward/record.url?scp=85128387840&partnerID=8YFLogxK
U2 - 10.1007/s11196-022-09895-5
DO - 10.1007/s11196-022-09895-5
M3 - Article
AN - SCOPUS:85128387840
SN - 0952-8059
JO - International Journal for the Semiotics of Law
JF - International Journal for the Semiotics of Law
ER -
