O processo de acompanhamento de maiores e a relevância da audição judicial à luz da lei n.º 49/2018 de 14 de agosto

Abstract

The approval of the adult accompanied regime by the publication of Law no. 49/2018 of14th of August and the abrogation of full guardianship and partial guardianship institutes, introduced important changes in Civil Code and Civil Procedure Code. This study proposes a look at the new regime of the adult accompanied, giving greater focusto the procedural moment when the potential beneficiary of the accompanied is heard.For this purpose, a comparison was made with the regime of child hearing in the processesof promotion and protection of children and young people in danger and it was concluded that, just as the legislator ensured the well-being of the child, ensuring their safety and their privacy, also in the regime of the adult accompanied the fundamental rights of those who are heard by the judge should be taken care of. Therefore, we propose the adoption of specific rules during the judicial hearing with a closer look at the reality of the potential beneficiary of the accompanying measure, from an inclusive citizenship perspective ensuring that their wishes are heard, safe guarding theirwell-being and the full exercise of their rights

Date of Award	22 Apr 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Rita Lynce de Faria (Supervisor)