Novas relações de saber-poder sobre as pessoas com deficiência: uma análise arqueogenealógica das técnicas jurídico-processuais do regime de capacidade civil

Abstract

This research, through Michel Foucault's archaeological and genealogical perspective, analyzes new knowledge-power relations exerted on people with disabilities through the legal procedural techniques of the civil capacity regime, that is, supported decision-making and interdiction. In the first chapter, the fundamentals that support the right to the capacity of these people are identified, in dialogue with the state of the art. In the second chapter, starting from the Foucaultian framework, the discourse on which the system of incapacities was founded is analyzed, extracting the enunciation and conditions that constituted the crazy and civilly incapable subject, worthy of the protection of the curatorship. The third chapter investigates the judicial rituals of supported decision-making and interdiction as producers of discourses, truths and knowledge-power relations, highlighting this fact through the analysis of a sample of judgments from the Court of Justice of the State of Sergipe. t appears that the legal-procedural techniques of the civil capacity regime condition the self-determination of people with disabilities to the judicial discourse, constructed by various procedural subjects. It notes that, in this context, the same statements that sustained the incapacity of the madman in the last century can still circulate.