Resumo:
The law no. 13,146, of July 6, 2015, called "inclusion of persons with disabilities," also known as the Disabled Person Statute, in it’s article number 114, states that the only absolutely incapable for acts of civil life are minors under the age of sixteen, Repealing sections I to III, which provided absolute incapacity for those who, because of illness or mental deficiency, do not possess the necessary discernment for the civil practices and those who, even for transitory cause, can not express their will.
The operators of the law have stated that there is no longer an absolute incapacity due to physical or health conditions. Some even came to understand that there is a need for revision of interdiction sentences, even ex officio, under the justification of "fitting" those situations to the new Statute.
We intend to demonstrate through this article that the absolute incapacity for acts of civil life does exist in fact, although it ceased to exist in law, for specific health conditions, which implies an inadequacy of the legal amendment that distanced the norm from reality, leaving a legislative vacuum that (hopefully) the common sense of hermeneutics can fill in the course of time and forensic practice.
