This research aims to investigate the understanding of the judges of the Court of Justice of the Federal District and Territories (TJDFT) about the changes made by the Brazilian Law on the Inclusion of Persons with Disabilities (LBI), by virtue of the International Convention on the Rights of Persons with Disabilities, regarding the legal capacity, specifically for people with intellectual and mental disabilities. The premises of the study are the concept and foundation of human rights proposed by Joaquim Herrera Flores' Critical Theory of Human Rights, the social model of disability and the concept of disability inaugurated by the Convention, as well as the paradigm shift undertaken by this international document, to the topic of legal capacity. One of the specific objectives, come from such premises and the qualitative analysis of TJDFT sentences, consist of identifying whether the article of the Civil Code and the LBI, which regulate the matter, have been observed by the judges of that Court and analyzing, in light of the Critical Theory of Human Rights, the results of jurisprudential research, in order to gather whether it is being implemented or not the human right of people with disabilities to exercise their legal capacity, on equal terms with other people.