A curatela de idoso no direito brasileiro: desafios e perspectivas

Abstract

This research addresses the guardianship of the elderly in Brazilian law, its challenges and perspectives. Focusing on the professionalization of guardianship, an institution of social assistance law, our text will analyze the similarities and differences between the Brazilian legal system and the legal framework in light of human rights, with observations regarding civil law and civil procedural law. This research aims to discuss the legal capacity of elderly patients from the perspective of Fundamental Rights, in order to foster debate about the inadequacy of Brazilian legislation in assessing decision-making capacity and the consequent mitigation of autonomy. The methodology adopted will be a literature review, with emphasis on books and articles by more recent and current authors on the subject. It concludes that the elderly can be active protagonists in their therapy, provided that their autonomy is promoted through the use of appropriate decision-making supports, which need to be incorporated in the country.