Medidas judiciales de apoyo a las personas con discapacidaddualidad procesal, prueba y justicia digital

Resumo

This paper addresses some questions on the regime of judicial provision of support to persons with disabilities derived from Law 8/2021, of 2 June. With this aim, first, it is discussed the new object —whether of the voluntary jurisdiction proceedings or of the contentious process— which requires considering, on the one hand, the concept of disability and, on the other, that of judicial measures of support. Subsequently, it focuses, in a non-exhaustive manner, on the two routes for the adoption of such measures, with special attention to the evidence in the contentious process. Then, the jurisprudence of the First Chamber of the Supreme Court after Law 8/2021 is examined and, to conclude, the possibilities of digital justice in this area.