Psychiatric evaluation of civil capacity with the new Brazilian Statute of the Person with Disabilities

Abstract

The objective of this paper is to provide an update to psychiatrists regarding the new Brazilian Law for the Inclusion of People with Disabilities (BLI, Law 13,146 of 2015), and, specifically, to discuss potential implications of situations in which examination by a forensic psychiatrist points toward civil incompetence, while the above-mentioned law mandates full civil capacity for disabled persons. A study of Law 13,146/2015 was conducted, including a comparative analysis of legal and psychiatric approaches on the subject. This analysis revealed that the BLI has generated differences of opinion among legislators. However, the greatest difference seems to arise between the justice system and psychiatric expertise in relation to the difference of criteria adopted in the two approaches. The BLI is very recent; it should be revised in response to debates among psychiatrists and the criminal justice system, and especially as jurisprudence is formed over time.

Advance Directives: Knowledge of the Topic Among Psychiatrists

“…Meaning that mental disability can no longer compromise a person's full civil capacity. Thus, promoting a condition of equality between disabled and non-disabled regarding acts of civil life, namely conducting an advanced care directive, provided that there is no judicial decision of determination of incompetence ( 16 ).…”

Tomada de Decisão Apoiada: quando usar?

“…A Lei nº 13.146/2015 é estruturada para dar maior autonomia às pessoas com necessidades especiais e trata dos direitos e da acessibilidade das pessoas com impedimento de longo prazo de natureza física, mental, intelectual ou sensorial. A lei promoveu mudanças nos artigos 3º e 4º do Código Civil e a criação do instituto da Tomada de Decisão Apoiada (TDA) 3,4 .…”

New trends in assessment of mental disability in psychiatric reports – The use of International Classification of Functioning, Disability and Health (ICF)

“…It changed the Civil Code excluding the possibility of a person being considered totally incapable in Brazil. In addition, it brings a new possibility to the expert conclusion: Decision Making Support for individuals with slight limitations 2,3 .…”