ABSTRACT: This research addresses the civil capacity of gifted individuals, focusing on their legal protection and social recognition. It is contextualized in the contemporary scenario, where advances in neuroscience and psychology highlight the need to review traditional legal paradigms that underestimate this population. The problem lies in the normative and practical gap for the adequate assessment of the legal capacity of these individuals, resulting in judicial decisions that are often inadequate or restrictive. The main objective was to analyze, from the perspective of the neoperspectivist gifted paradigm, the legal, cognitive and social dimensions related to the civil capacity of gifted individuals, seeking to substantiate proposals to improve their legal and social inclusion. Methodologically, the neoperspectivist gifted paradigm was adopted, complemented by theories of comparative law, neurorights and legal psychology. The hypothetical-deductive method was used and a high-impact scientific bibliographic and documentary narrative review was carried out, consulting databases such as Scielo, Scopus, Web of Science and PubMed. Descriptors such as “legal capacity”, “giftedness” and “civil law” were used, resulting in a careful analysis of 48 works selected for their relevance and current status. The main findings reveal favorable jurisprudential advances, but highlight the need for multidisciplinary protocols for capacity assessment. It is concluded that interdisciplinarity is essential to ensure justice and inclusion. Gaps include the absence of specific regulations and a scarcity of empirical data. Limitations refer to the dependence on documentary review and the limited sample of legal cases. The research contributes theoretically by consolidating an inclusive paradigm and methodologically by integrating multidisciplinary approaches, adding value to legal science and social protection.
Breviário et al. (Sat,) studied this question.