Presgrave, Ana Beatriz Ferreira RebelloLima, Amanda Bezerra de2019-12-112023-03-072019-12-112023-03-072019LIMA, Amanda Bezerra de. Uma análise constitucional dos impactos do estatuto da pessoa com deficiência na teoria das incapacidades e nos limites da curatela. 2019. 98f. Trabalho de Conclusão de Curso (Graduação em Direito) - Universidade Federal do Rio Grande do Norte, Centro de Ciências Sociais Aplicadas, Departamento de Direito, Natal, 2019.https://repositorio.ufrn.br/handle/123456789/51767This paper aims to verify the correctness of the innovations promoted by the Statute on Persons with Disabilities in the theory of incapacities and in the limits imposed to the guardianship through the constitutional scope, using the Convention on the Rights of Persons with Disabilities as a parameter, knowing it has Constitutional Amendment status, as well as to suggest possible alternative solutions, based on the deductive logical method. To this end, it begins with the history of the right of persons with disabilities, going through the context of the creation of the statute and its positive and negative contributions. Subsequently, the different interpretations of the Brazilian law scholars on the subject are put into perspective – including understandings of the Public Defender’s Office and the Public Prosecution Service, bibliographic research of indoctrinators’ works and jurisprudential research of judgments handed down by the São Paulo State Court of Appeals – until the analysis of the legal and practical consequences of both the abolition of the category of absolute incapacity for people over 16 years and the limitation of guardianship to patrimonial and business acts, in order to ascertain the compatibility of such factors with the convention, in other words, their constitutionality. Considering all the detached aspects, it is possible to conclude that a new legislative reform is the ideal solution to the problems created by the Statute on Persons with Disabilities, as long as it includes the points that need to be adjusted, and in view of this, it is necessary, at last, to study the Senate Bill 757/15 and its current situation pending in the National Congress.Attribution-NonCommercial-NoDerivs 3.0 Brazilhttp://creativecommons.org/licenses/by-nc-nd/3.0/br/Estatuto da pessoa com deficiênciaConvenção sobre os direitos das pessoas com deficiênciaTeoria das incapacidadesLimites da curatelaConstitucionalidadeStatute on persons with disabilitiesConvention on the rights of persons with disabilitiesTheory of incapacitiesGuardianship limitsConstitutionalitybachelorThesis