Boundaries of the Statute of the Elderly Person between the applicability and guarantee of Fundamental Rights

Abstract

Ageing places increasing demands on public policies, and intersectoral and coordinated responses to this scenario are essential. In view of this, the Statute of the Elderly represents an important normative advance, despite the possibility of obstacles to its effectiveness. Against this backdrop, the aim of this study was to discuss the network of influences related to preserving the fundamental rights of the elderly, especially with regard to the legal frameworks relating to this issue. Methodologically, this was a descriptive, cross-sectional and qualitative study, developed through a narrative literature review. We used bibliographic materials and legislative documents selected from searches on platforms such as Google Scholar and SciELO, using the descriptors “constitution”, “aged” and “human rights”. The findings made it possible to map out the normative foundations, the obstacles to implementation and the limits of judicial protection associated with the Statute of the Elderly Person. The 1988 Federal Constitution and the Statute of the Elderly itself enshrine the principle of human dignity as the guiding principle of public policies aimed at this population. However, it was found that the materialization of these rights faces significant challenges in the institutional, economic, socio-cultural and territorial fields. The conclusion is that the Statute of the Elderly represents a significant normative advance in relation to ageing, but its effectiveness remains limited by structural and cultural obstacles. The distance between the legal text and its concrete application is due to the fragmented performance of institutions, the underfunding of public policies, territorial inequalities and the persistence of a culture that marginalizes aging.