O idoso no Brasil e as garantias e direitos fundamentais: uma análise do Estatuto do idoso em face ao princípio da prioridade processual

Abstract

This paper aims to make a brief analysis of the Elderly Statute and the application of the fundamental rights and guarantees guaranteed by both the Charter and Law 10.741 / 03, which provides for the Elderly Statute and other measures. Its main objective is to analyze the question of the applicability of the Elderly Statute regarding the preference in the processing of proceedings, procedures and in the execution of judicial acts and diligences in which a person aged 60 or over (60) is a party or intervener. ) years, in any instance. And understand the causes that led to the establishment of laws that set a procedural preference for these people and whether those laws are being effectively enforced. In the first chapter, we analyze the concept and historical evolution of the rights of these people, both nationally and internationally, mentioning the constitutional guarantees of the elderly. In the second chapter, we will briefly analyze the Statute of the elderly, the social movements for its creation, the public policies and norms that were instituted in its favor. The third chapter will deal with the general and constitutional procedural principles that underlie the application of the procedural priority of the elderly, with emphasis on the principles of the inability of judicial control, the reasonable length of the process and the dignity of the human person. And in the fourth and last chapter, we analyze in more detail the norms that give the procedural priority in comment, the way this preference has been granted and the practical effects of the procedures adopted. The results of the research lead to the conclusion that the realization of the priority needs the adoption of procedures that implement it, thus suggesting a series of measures that could speed up the process of these beneficiaries, effecting the delivery of the judicial provision. Regarding the mode of approach, the present work was elaborated with qualitative research, since the research became possible through data-based ideas, and this method generally consists of the use of interpretative techniques, relativistic assumptions and oral representation of data. We performed the descriptive research and the so-called basic research. Regarding the technical procedures, a bibliographic and exploratory research was carried out, where it will try to explain the problem based on the theoretical references contained in books, articles, theses and dissertations, which can be performed independently or as part of the descriptive or experimental research. In both cases, we seek to know and analyze the contributions