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Law no 13.146/2015 changed the theory of disabilities of the Civil Code. However, the universalistic and abstract approach to the capacity of people with intellectual and mental disabilities doesn ́t embraces existential rights such as medical decision making, consequently there is a gap in the legislation. Therefore, the aim of this study, through the study of bioethics and bio-rights, is to use competence assessment, disregarding the theory of disabilities, to protect the admittedly vulnerable in the exercise of existential rights. The research took as methodological route, analyzes extracted from the legislation, literature review and the deductive, systemic and axiological methods.

A ANÁLISE DA (IN)COMPETÊNCIA DE PESSOAS COM DEFICIÊNCIA MENTAL E INTELECTUAL PARA O EXERCÍCIO DE DIREITOS EXISTENCIAIS