The Corporate Law and the Statute on Persons with Disabilities: the (in) Capacity of the Business Person

Abstract

The Law 13.146/2015, which established the Statute on Persons with Disabilities, completely changed the regime of incapacities. Such alteration has a impact on business aspects, mainly in the characterization of the individual business person. The article 972 of the Civil Code states that one who intends to exercise individual business activity should be in full exercise of his civil capacity. It occurs that the Law 13.146/2015 modified the articles 3 and 4 of the Civil Code, suppressing the hypotheses before consecrated as incapacities. Thus many are no longer considered incapable, which would allow, at first, to begin to individually exercise economic corporate activities.

Keywords

• Estatuto da Pessoa com Deficiência
• Regime das Incapacidades
• Empresário individual