In this sense, problems arise because of the legislative logic that considered the presumption of capacity of persons with disabilities without exception, especially if it is of an intellectual or intellectual nature, thus eliminating such a condition as a ground for incapacity. Thus, it paves the way for the lack of protection and ignorance of essential rights, which, although they seek egalitarian development in all areas of the lives of persons with disabilities, completely ignore the fact that the decisions of persons in such a situation and of the family and even of the person who is in a situation of disability, may be endangered. sã himself. Disability is an evolving concept that results from the interaction between persons with disabilities and the attitudinal and environmental barriers that prevent their full and effective participation in society on an equal basis with others. BUSTAMANTE, Juliana, ISAZA, Federico, Legal capacity in the Convention on the Rights of Persons with Disabilities and 1996 Act of 2019. In particular, this model of medical©or rehabilitation of persons with disabilities has failed to overcome the discrimination and inequality characteristic of the dispensing model, but has simply transformed it and adapted it to the social needs of the moment, without prejudice to the profound changes in the activity of the State aimed at ensuring better protection for these persons. However, despite these improvements, which are related to the fact that they were no longer considered socially incapable, it has not been possible to improve their effective access to work and education, thus erecting© several barriers for people with disabilities. [23] VICTORIA, Jorge, “The Social Model of Disability: A Human Rights Issue.” Mexican Bulletin of Comparative Law. Volume 46.

No. 138. ©Mexico, Sept./Dec., 2013. Available in: www.scielo.org.mx/scielo.php?pid=S0041-86332013000300008&script=sci_arttext&tlng=pt Jorge Victoria stresses in this context that “in this perspective of emancipatory politics, ideas about the person and the subject become important and human rights are located as the necessary and timely arguments to remove the disabled person from borders and place him as a social actor in bringing society”. â(…) it is clear that access to education for people with disabilities is still limited; since the state adheres to the preparation of the programs, but not to the access guidelines, so that they are sustainable over time, since not all people with disabilities have access to these programs, because there are other fundamental problems such as accessibility to institutions, transfer, accompaniment±health, etc.[47]. The RAE defines the word capable as “that which can accomplish the expressed action”[1], that is, as an ability that leads to the understanding that it essentially refers to a person who possesses such an aptitude.