Trabalho de Conclusão de Curso de Graduação
A tutela dos direitos fundamentais da população idosa: uma análise a partir da proteção prevista pelo Estatuto do Idoso
Autor
Miotti, Raphaella Vasques
Institución
Resumen
The number of people reaching the elder age grows exponentially in Brazil, putting in focus the protection of the elderly, mostly concerning the effectuation of their Fundamental Rights, which grant them dignity. In this direction, emerges the demand for different Public Policies which respond their needs and confirm special protection due to their social fragility. With this goal, were promulgated special Laws for the protection of the elderly, as the Law 8.842/94 and the Law 10.741/03, known as the Statute of Elderly, result of the constant fight of this sector. However, it is well known that the mere publication of a Law does not guarantee the effectiveness. Therefore, this paper has as main goal analyze the existing legislation and assure in what measure it guarantee the respect and effectiveness of the Fundamental Rights of elderly people. For that, it is utilized the deductive method of approach, starting from an general analysis of the protective legislation to the elderly, expecting achieve a conclusion about the effectiveness of the Elderly institute for the custody of their Fundamental Rights and which perspective of the protection effectiveness of the elderly in the country. It is implied that there are plenty protective legislation to the elderly in Brazil, however, it is not applied in a satisfactory way and it does not become full effective in the protection of the Fundamental Rights of elderly people, this occurs such for the lack of awareness of the population about its subject as for the neglect of the Public Power in the execution of the Public Policies assuring its concretion.