THE CONCEPT OF LEGAL CAPACITY IN THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Abstract

This paper aims to analyze the meaning of the expression "legal capacity" provided by article 12 of the Convention on the Rights of Persons with Disabilities as a right to be exercised on an equal basis with others. Based on a study in line with human rights and the principles of international law, the interpretation established by the Committee on the Rights of Persons with Disabilities in General Comment nº 1 is problematized. The conclusion is that the understanding of legal capacity as capacity of exercise must be abandoned, in order to pursuit a framework that focuses on the discernment, the potentialities and limitations of persons with mental disabilities.

Keywords

• capacidade de exercício
• capacidade legal
• convenção sobre os direitos das pessoas com deficiência
• direitos humanos
• interpretação de tratados.