摘要：This study relies on a functional perspective of legal acts’ invalidity, which authorizes the interpreter to modulate the consequences of a legally established regime of nullity or anullability by means of a rational judgment of worthiness of the effects produced by the act and the concretely involved interests. In the case of acts produced by a mentally disabled person, who is currently considered fully capable in the Brazilian civil law order, this work sustains the necessity of evaluating their validity in concreto, in accordance to the discernment and the vulnerability that the agent presents. Such an approach is guided by the imperative protection of the human person, so that the interpretation activity can be accomplished even in the absence of a curatorship regime.
关键词：Legal acts; invalidity; incapacity; psychically or intellectually disabled person.
