Los internamientos involuntarioscuestiones controvertidas y estado de la cuestión ante las reformas sustantivas y procesales en materia de discapacidad

Resumo

In this paper, the question to be analyzed refers to the determination of the appropriate procedural channel for the judicial authorization of the involuntary admissions —or admissions— of those people who are not in a position to decide —by themselves— about it, and more in particular with respect to the application of article 763 of the Code of Civil Procedure, both in general and in relation to the assumption of admission to care centers, geriatrics or residences, of people —usually of advanced age— who are in such conditions of not being able to decide, taking into account that article 763 of the Code of Civil Procedure is the only precept that specifically regulates —and with the rank of Organic Law— involuntary internment. In this sense, it is analyzed whether non-voluntary civil entry, with the mandatory authorization or judicial ratification, for the protection and assistance of people who, due to their state, cannot decide autonomously, should be substantiated through the process provided for in article 763 of the Code of Civil Procedure, with respect to the guarantees established therein, or it can be agreed by other procedural channels, as well as the interaction and problems that occur with respect to the new regulation on disability and its principles.