Contemporary aspects of procedural capability in brazilian legislation

Abstract

The objective of this short essay is to point out the sociocultural metamorphosis in the treatment of capacities, under the influence of which, the Brazilian legislation was faced with the need to restructure the legal capacities, attentive to the principles of the dignity of the human person and the autonomy of the will, incorporating itself in a humanitarian bias. In this context, it is worth remembering that human beings, even the unborn, children, elderly, people with mental disorders and even non-humans, have the constitutional capacity to entitle rights. In view of this perspective, it is necessary to recognize the viability of such subjects to act in court, even when duly represented or assisted. In the development of the work, we sought to discuss the concept of legal capacity and its classifications, both in the material scope and in the procedural bias, adopting the descriptive method, through the doctrinal selection around the subject, in addition to jurisprudential analysis in consonance with the contemporaneity of the theme. Stand out as results of this study, the demonstration that unborn children and animals have the capacity to be part, in addition to the amplification of the procedural capacity of people with disabilities. As final considerations, it should be noted that the main contributions of this work to future studies involve the debate on the current dimension of the concept of legal capacities, in material and procedural terms. The work shines a spotlight on the discussion of the ability to be part of unborn children and animals, without forgetting people with mental and intellectual disabilities who, as a rule, have procedural capacity, losing it only by court decision backed by a biopsychosocial study.Keywords: Legal Capabilities; Civil Capacity; Procedural Capacity; Contemporaneity: ability of special people, the unborn child and animals.