Existential Autonomy and the New Publicity Regime Established by CNJ Provision No. 215/2026
Murillo Gutier | murillo@gutier.adv.br
Abstract
This article examines the Brazilian legal institution of self-appointed guardianship (autocuratela), distinguishing it from self-requested interdiction (autointerdição) and analyzing its foundation in existential autonomy and the principle of human dignity. Self-appointed guardianship constitutes a preventive existential legal transaction by which a person, while still fully capable, establishes anticipated directives for the event of future mental incapacity, designating a guardian, setting preferences regarding medical treatments, and determining asset management. The study addresses the technique of voluntary representation (art. 116, Brazilian Civil Code), validity requirements (art. 104, Brazilian Civil Code), the binding effect on the judge, and the recommended form of public deed. Furthermore, it analyzes the regulatory evolution brought by CNJ Provisions No. 206/2025 and No. 215/2026, which established the mandatory consultation of CENSEC and the mechanism of autonomous indexation by data replication, resolving the problem of “false negatives” in hybrid deeds and ensuring the effective localization of guardianship directives by the court.
Keywords: Self-Appointed Guardianship; Self-Requested Interdiction; Existential Autonomy; Human Dignity; Preventive Self-Determination; Existential Legal Transaction; Voluntary Representation; CNJ Provision No. 215/2026; CENSEC; Autonomous Indexation.
Self-Appointed Guardianship ("Autocuratela") in Brazilian Civil Law - Murillo Gutier (1 download )