A violência sofrida na velhice: a tutela penal sob a ótica da Lei nº 10.74/03 na comarca de Sousa/PB.

Abstract

Considering the increase in the elderly population in Brazil and the resulting inversion of the population pyramid, the Statute of the Elderly (Law No. 10,741/2003) functions as a national legal mechanism to protect the Human Rights of Older Persons. As it is a vulnerable group, violence against them is increasingly alarming, requiring an investigation into the origin and effectiveness of this law. In this regard, this paper proposes the investigation of typical crimes presented in the Statute of the Elderly within the jurisdiction of Sousa, Paraíba, that covers nine municipalities: Aparecida, Lastro, Marizópolis, Nazarezinho, Santa Cruz, São Francisco, São José de Lagoa Tapada, Sousa and Vieirópolis. The methodology used in this research was a legal hermeneutics approach. Interpretation was one of the techniques applied in this study in addition to quantitative methods whereby the reports investigated by police stations in Sousa, Paraíba legal jurisdiction were analyzed. Concerning the research scope, it analyzed the application of the Statute of the Elderly in relation to elder abuse committed in Sousa, Paraíba legal jurisdiction during 2009-19. In order to do so, the protection of human rights into the realm of international law; specific types of crimes provided for in the aforementioned law and local peculiarities were analyzed. Overall, the Brazilian law system has undergone evolution in protection for the elderly especially with regard to constitutional analysis. However, the crimes described in the Law No. 10,741/2003 have very light penalties in comparison to the seriousness of the criminal offense committed against the older persons. In the region of Sousa/PB, which has a relevant percentage of the old people, it was verified, in the period studied, through the crime news, that there were few police reports that mentioned the Statute of the Old Person. This may mean that there was, in this time space, the underreporting of cases of violence against the elderly that occurred. This is corroborated by the fact that the crimes reported to the police station, have, for the most part, the aggressor as a direct descendant of the victim. Therefore, preventive public policies can help combat violence against this vulnerable group.