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The legal capacity of persons with disabilities following the Convention on the Rights of Persons with Disabilities: solutions proposed in Brazil, Portugal and Peru

Abstract

The Convention on the Rights of Persons with Disabilities (CRPD) has set the framework for changing the treatment of disability issues with repercussions in over one hundred and seventy signatory countries. The international instrument obliges States to ensure the promotion and protection of the full exercise of the fundamental rights and interests of persons with disabilities on the basis of the recognition of full legal capacity on equal terms. Since then, several legal measures adopted by several countries have been reported in the pursuit of the scope of the Convention. Given that the exchange of models and experiences can contribute to the improvement of the social model of approach to disability that characterizes the CRPD, we analyze the changes introduced in the Brazilian, Portuguese and Peruvian legal systems, focusing on the recognition of full capacity established by the international document.

Keywords:
Rights of Person; Legal capacity; System in Brazil; Accompanied; Portugal; Restricted; Peru

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