A responsabilidade civil da pessoa com deficiência intelectual a partir da Lei n° 13.146/2015

• Autor(a) principal: Cunha, Liliana Barboza
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/55104
• topic: Direitos da pessoa com deficiência; Pessoa com deficiência intelectual; Capacidade civil; Responsabilidade civil

The effects of Law No. 13.146/2015 (Statute of the Person with Disability) – which reiterated the change in the regime of disabilities already conveyed in the Convention on the Rights of Persons with Disabilities – have reached several areas of civil law, including civil liability. Currently, people with intellectual disabilities have legal capacity for acts of civil life, and such exercise of rights generates the concrete risk of producing damages. In this monographic work, we seek to analyze the extent of their civil liability, as well as the grounds for repairing the damage they may have caused, in addition to the possibility of indirect liability of third parties participating in the support system brought about by the new law. By means of an exploratory study of the doctrine on the subject and with the use of the deductive method, the nature of such liability will be examined, as well as whether it should occur in the same manner for people with disabilities and without disabilities. In this regard, the types of liability existing in the Brazilian Civil Code will be investigated and what would be the most appropriate legal grounds for the person with disability. Examples based on national jurisprudence will be used in order to investigate how magistrates have decided concrete questions on the responsibility to indemnify the person with disability, whether it actually exists, how and to what degree. Finally, it will be concluded that such people are effectively responsible for compensating the damage, art. 927, in a direct manner, as a general rule. However, considering their special situation of vulnerability, the compensation must also comply with the provisions of the sole paragraph of art. 928, so that the handicapped person is not deprived of what is necessary to survive. Still, in certain cases, depending on the level of autonomy and the use of the support system, there is the possibility of indirect third-party responsibility for the people with intellectual disabilities.