Responsabilidade civil do curador e o estatuto da pessoa com deficiência

Abstract

The Act 13,146/2015, entitled Persons with Disabilities Act, regulated in Brazilian legislation the Convention on the Rights of Persons with Disabilities, ratified by Brazil through Legislative Decree 186/2008 and Executive Decree 6,949/2009. The purpose of the Persons with Disabilities Act was to provide social inclusion and citizenship by granting greater freedom and autonomy to disabled people. However, the provisions contained in the aforementioned Statute were responsible for several changes in the Brazilian legal system, with great emphasis on the Civil Code. There have been changes in the theory of disabilities, insofar as the mentally handicapped person has ceased to be absolutely incapable, to relatively be; in the extension of the curator, minimizing the action of the curator; institutes of representation and assistance; in the process of interdiction, as well as changes in custody and surveillance duties, among others. Such changes, because they are directly linked to the curator, can have an intense impact on the civil liability of the curator, an institute that assigns him the duty to indemnify the damages caused to third-party by his curatorship. The objective of this research is to analyze the possible effects of the Disability Statute on the civil responsibility of the curator since curatorship becomes an extraordinary protective measure proportional to temporary needs and affects only the acts related to patrimonial and negotiation rights. It is precisely at this point that the questions arise regarding the civil responsibility of the curator since he will no longer have the custody and vigilance of his curatorship. Because it is a recent topic, with few doctrinal and jurisprudential understandings about it, it lacks research, which justifies the development of this work.