La representación del apoyo de la persona con discapacidad. El nuevo esquema de la capacidad jurídica en el Perú

Abstract

: Capacity is a subject of transversal interest in Law, it is present in all its fields. It is an attribute that every subject has through which he/she can perform acts that are not prohibited. Since 2018, by Legislative Decree 1384, we have a new treat-ment of capacity in the Civil Code that is in line with the guidelines in favor of the autonomy and full legal capacity of persons with disabilities, aligning national legislation to the International Convention on the Rights of Persons with Disabilities. The regime of substitution of the will of incapable persons is replaced by a social model through supports and safeguards. We are facing an inclusive, democratic model, according to the respect for the human rights of all citizens (dignity and equality), based on the principle that people with disabilities have full exercise capacity in equal conditions in each and every aspect of their lives, recognizing their right to make their own decisions as well as the right to make mistakes. The function of the support in favor of the disabled person is developed, analyzing their powers of representation. We start from the principle that the support does not replace the manifestation of will, it only interprets it and collaborates in an adequate manifestation of will so that the person with disability can exercise his legal capacity, enjoying his rights and freedoms.