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This paper analyses the issue of whether or not article 1771 of Civil Code, with the text stated by the Statute of Persons with Disabilities, keeps its validity face to the advent of the 2015 Civil Procedural Code. The majority of scholars has claimed that the rule of the Civil Code was revoked by the CPC, whose term began after the SPD. Which is stated in this paper is that, differently from what is assumed by the majority of scholars, a teleological interpretation, focused in the constitutional status of the UN Convention on the Rights of Persons with Disabilities, should lead to the conclusion that the text of article 1771 of Civil Code established by the SPD keeps its validity, even after the advent of the Civil Procedural Code of 2015.

revista de direitos e garantias fundamentais

A perícia multidisciplinar no processo de curatela e o aparente conflito entre o Estatuto da Pessoa com Deficiência e o código de processo civil: reflexões metodológicas à luz da teoria geral do direito