Legal capacity of people with disabilities

Abstract

The new Civil and Commercial Code incorporated the constitutional paradigm of Human Rights and its principles of defense of the dignity of every person and the preferential protection of groups in vulnerable situations. Legal times have changed, but social and institutional practices not so much. As expected, the new code introduced modifications in the legal capacity regime historically developed in the positivist medical model that still stands as an insurmountable barrier for discursive transformations and the establishment of practices with a human rights perspective, taking diversity as a value inherent in the human condition. We find in the treatment of the legal capacity of Persons with Disabilities an area where these tensions, resistance and disputes are highlighted.