Abstract
This article seeks to analyze the issue of de facto capacity and the incapable person from the beginning of the Civil Code of 1916 until the present day, due to the validity of the Statute of the Disabled People, which even amended significantly the contemporary disability regime. It is necessary to analyze and understand the new model of the disability regime in Brazilian Civil Law that is associated and based on the value and fundamental principle of the Brazilian legal system, namely, the dignity of the human person, including the person with disabilities.
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