A efetividade dos direitos fundamentais dos idosos: análise jurídico-social.

Abstract

The fundamental rights stand out as primatial mainstay of a democratic state of law and on the homeland legislation were received in the Constitutional Text, acting in order to put the human being as the central point, so that are mitigated the economic and social inequalities. However, there are situations where even positivized, some rights do not achieve the effectiveness that was proposed at the time of issue, this because society even knowing the letter of the law does not make use of it, which ultimately makes a ineffective normative text. Therefore, emerge the elderly's figure, even safeguarded by fundamental rights, primarily those that protect the life and dignity of the human person is helpless and excluded from the social body. In the poles of inequality presented in this study are listed in the law as responsible for ensuring the rights of the elderly - family, society and the state - and the elderly themselves, which in addition to the received protection in the constitutional sphere, received attention from the infra-constitutional legislation, through of the Elderly Statute and other laws. Such inequality is glimpsed in all social spheres, given the person aged equal or more than sixty, miss, in the view of many people, as well as youth, the sense of usefulness. Citizens, victims of the ineffectiveness of the law, are usually those which in some sickness, or even as a result of old age, end up being dependent on the aid of others, being viewed with distaste and contempt for those who should you deal with affection. These are, in most situations, receptors of verbal, even physical and psychological violence. Therefore, we question what attitudes are necessary in order that such abuses become extinct, taking as a parameter the essentials principles of a constitutional state. This work therefore considers it essential to offset what happens in the community which is part of elderly segment of society, through the principle of human dignity and the legislation that protects and sustains the elderly. Thus, this study aims to analyze the legal point of view, the most effective way to be used in order to promote fundamental rights effectiveness that is necessary to them. In order to achieve these objectives, the research use the hypothetical-deductive method of approach and as a research technique theoretical, through doctrinal literature such as jurisprudential, as well as the related legislation. Furthermore, this study is fully explanatory, given to target the identification of factors that determine or contribute to finding the best solution of the problem under examination. Based on the foregoing, it follows that the Brazilian legal system, in itself embraces the rights and immunities necessary to the protection of individuals under review, the assertiveness of new laws is not necessary. Rather, it is necessary to respect those that already exist so that the rights contained therein are effectively applied, which will occur through the awareness of all individuals.