The UN Convention on the Rights of Persons with Disabilities is a normative body that contemplates a series of rights for people with disabilities. The Article 12 of the Convention regulates the issue of the capacity of people with disabilities, considering that they enjoy the same active legal capacity as well as passive legal capacity. Within the Venezuelan legal system, the Venezuelan Law for Persons with Disabilities does not regulate the issue of the active legal capacity of persons with disabilities. Following what is established in articles 16 and 18 of the CC, the authors can say that the active legal capacity constitutes the rule and disabilities might be causes for the exceptions to this rule. The response options were based on the definitions contained in the Law for Persons with Disabilities, intending with the results of the 2011 census, to offer information in order to comply with article 68 of the same law.