FOUNDATIONS AND EVOLUTION OF THE RIGHTS OF OLDER PERSONS IN BRAZIL: A BRIEF PANORAMA

Bibiana Graeff[1]

ABSTRACT: This article presents a brief critical assessment of the evolution of the older persons’ rights in Brazil, addressing not only some of the legislative advances that have resulted in the implementation of specific public policies for this populational group, but also the uncertainties about the future of the rights won and the expansion of policies in a context of accelerated population aging in the country.

KEYWORDS: older persons’ rights; human rights; Brazil.

I. INTRODUCTION

If "the majority of children's rights are particular applications of Human Rights [...] or the right to become a human being[2]," the rights of older persons, which are also, for the most part, specific applications of Human Rights, may represent the right to remain a human being. Ageism related to old age, often considered as synonymous with functional incapacity, which in turn is not infrequently mistaken for lack of autonomy, leads older people to experience situations of deprivation or limitation in the exercise of their most basic rights: their fundamental rights.

According to Norberto Bobbio (p. 33)[3], the process of the proliferation of Human Rights occurred in three ways:

a) because of the increase in the number of assets considered worthy of protection; b) because a few typical rights have been extended to entities other than human beings; c) because human beings themselves are no longer considered a generic entity or abstract man, but are seen in their specific or concrete situation in society: as a child, old person, sick person, etc.

It is this third trend that leads to legal recognition of the old person as a subject of law, especially from the 1980s. At the international level, the United Nations promoted in 1982 the first World Assembly on Ageing, which resulted in the Vienna International Plan of Action on Ageing. In Brazil, it is from 1988, with the Federal Constitution that marked the return of the democracy after a long period of military dictatorship, that the older person is erected as a subject of law. Known as the "Citizen Constitution" for enshrining the principle of human dignity and an extensive list of fundamental rights, the constitutional text recognizes for the first time, in its Article 230, specific rights for the older person. Previous constitutional texts had already referred to the category "retired", or to old age as a situation that would justify social assistance mechanisms[4]. However, the Federal Constitution of 1988 was the first to recognize the older person as the holder of specific rights regardless of their social security or socioeconomic situation.

In addition to marking the 30th year of the Federal Constitution of 1988, the year 2018 represents the 15th year of the main law on the rights of older persons in Brazil, known as "Statute of the Elderly", approved on October 1st, 2003. The goal of this study is to make a brief critical assessment of the evolution of the older persons’ rights in Brazil, addressing not only some of the legislative advances that have resulted in the implementation of specific public policies for this population (II), but also the uncertainties about the future of the rights won and the expansion of policies in a context of accelerated population aging in the country[5] (III).

II. The Recognition of the Rights of Older Persons in Brazil

Although there are shortcomings in their implementation, the rights of older people have been formally enshrined both by Federal Constitution (A) and by national legislation (B).

A. Rights of Older Persons in the Federal Constitution

The Federal Constitution of 1988 sets out that: “It is the duty of the family, society and the State, to assist the elderly, ensuring their participation in the community, defending their dignity and well-being and guaranteeing their right to life” (art. 230). This duty of assistance must be understood comprehensively. In the case of care and maintenance, the duty falls primarily to the family, and subsidiarily to society and the State. However, the duty of assistance referred to in Article 230 is broader; it can be understood that, for example, for society, this principle implies protection by employers regarding older workers; for the State, observing this principle should result in the implementation of specific public policies for this population group.    

The Federal Constitution also establishes that: “Assistance programs for the elderly shall be carried out preferably within their homes” (art. 230, Paragraph 1). The gerontological principle enshrined in this norm is that the best possible conditions should be offered for the elderly to remain in their own homes, avoiding institutionalization. Several researches show the importance of aging in place[6]. It is not only a matter of preserving the person's sense of belonging to the place where he lives, with memories, affections and meaning, but also of stimulating the maintenance of formal and informal networks of locally constituted support. Several studies show the attachment and the importance of the home place for older people, a feeling that may even make them prefer to face environmental risks than to abandon their homes and start life elsewhere[7].

According the provision of article 230, Paragraph 2: “Those over sixty-five years of age are guaranteed free urban public transportation”. This is a rare case of free public service provided in Brazilian law for a specific minority, and the only such standard with constitutional status. Although for this norm the Constituent Assembly foresee the age of 65 years, this was not a criterion of definition of the category: older person. The Federal Constitution did not define what it understood as an older person; only with the law that established the National Policy for the Elderly of 1994[8] a definition is introduced: every person aged sixty years old or over (Article 2). Regarding public transport, many municipal laws were more protective, extending the gratuity to all older people (from 60 years old).

Several other articles on the Federal Constitution are of particular interest to the older persons, such as welfare and social assistance, or article 229, which states that "older children have a duty to help and support parents in old age" (maintenance obligation).

The recognition of the older person as a subject of law in the 1988 Federal Constitution and the social security gains are due in large part to the social movements of retirees' associations[9], unions as well as the Social Service of Commerce (SESC) and professional associations in Geriatrics and Gerontology. The constitutional status of some rights of older persons ensures that other normative texts that may be harmful to older people may be controlled, both through abstract (concentrated) and diffuse constitutional control. The constitutional provisions were also instrumental in ensuring that special legislation was adopted for older persons.

B. Rights of Older Persons in Federal Law 

The law that first established the National Policy for the Elderly in 1994 was very important not only for introducing a legal definition for the older person, but also for having detailed in article 10 the rights and obligations in the various areas of public intervention (social work, health, education, work and social security, housing and urban planning, justice, culture, sport and leisure)[10]. This law was reinforced by Statute of the Elderly (in 2003), which extended the legal regime that applies to older persons. It is a comprehensive law with 118 articles that, in addition to reaffirming the fundamental rights of older persons, establishes rules of Administrative Law, Civil Law, Consumer Law and even Criminal Law.

The Statute of the Elderly introduced, for example, several new types of crimes committed against older persons. One of these novelties is the crime of: "Abandoning an older person in hospitals, nursing homes, long-term entities or similar, or not providing his basic needs, when required by law or order" (article 98), a crime punished by detention from 6 months to 3 years and fine. Were also considered crimes, for example: "disdain, humiliate, disparage or discriminate against older persons, for any reason" (article 96, paragraph 1) and "display or convey, by any means of communication, information or images derogatory or injurious to an older person "(105). "Retaining the magnetic bank account card related to benefits, earning or pension of an older person, as well as any other document with the purpose of ensuring receipt or reimbursement of debt" (article 104) is a crime punished by a custodial sentence of 6 months to two years and fine. Another quite specific crime is: "to deny the reception or the staying of an older person, as sheltered, due to his refusal of granting power of attorney to the service entity" (article 103). These examples indicate a concern about the types of violence against older people, which are generally more prevalent in complaints. In a national call center that receives reports of violence against older people, first comes neglect (including abandonment), followed by psychological violence, financial violence; only in the fourth place appears physical violence[11].

Another matter regulated by the Statute of the Elderly was the functioning of the older persons care entities. For example, it is established as one of the obligations of these entities: "to enter into a written service contract with the older person, specifying the type of service, the obligations of the entity and the services under the contract, with the respective prices, if applicable" (article 50, I). This legal provision is extremely important given the risk that the older person may be institutionalized by family members without his consent. A greater control of this rule is essential, since many institutions do not yet propose signing a contract, and when they do, they often ignore the autonomy of older persons, being the contract signed by a relative.

Both the individual rights and the collective rights of older people are now recognized in Brazilian law. The Public Prosecutor's (Parquet) Office and the Public Defender's Office (Defensoria Pública) are institutions that have promoted collective actions in the defense of the interests of older persons and have resulted in the recognition of collective moral damages, as in the case involving priority service in a bank whose access was only by stairs[12].

Therefore, a special and protective law that reflects, in addition to the specification of the subject of human rights, the tendency of a new private Law of vulnerable persons is applied to older people in Brazil[13]. This law is articulated with other special laws, such as the recent Statute of Persons with Disabilities[14], which has innovated in the matter of Guardianships, restricting them to the exercise of patrimonial and business rights. Thus, Elder Law, which some authors recognize as a new juridical discipline[15], is one of the subjects that emerge in the transition from the twentieth century to the twenty-first century, bringing the need for a “dialogue of sources”, according to the teachings of Erik Jayme[16], theory that has been adopted and developed in Brazilian Law by Claudia Lima Marques[17].

III. Uncertainties about the future of the older person’s rights in Brazil

After a stage of recognition and extension of the older person’s rights in Brazil, there is currently a moment of uncertainty regarding the evolution of these achievements. On one hand, there is a tendency of reviewing and restriction of some of these rights (A). On the other hand, the expected ratification of the Inter-American Convention on the Human Rights of the Elderly represents a hope for the incorporation of new rights, guarantee of rights won and new controls (B).

A. Threats and restrictions to the rights

The accelerated aging of the Brazilian population added to the Brazilian economic and political crises in recent years, seems to be leading to normative changes tending to restrict the exercise of some of the rights of older people. Sometimes, the jurisprudential interpretations also restrict the scope of the norms, to the detriment of older persons.

On the 10th year of the Statute of the Elderly’s adoption, Ana Amélia Camarano, one of the leading researchers on population aging in Brazil, launched a study in which she pointed out the advances and contradictions of this law[18], formulating suggestions on some points. One of the proposals presented was to increase the chronological age that defines the older person from 60 to 65 years old. According to the researcher, this would be justified by the increase in life expectancy, estimated at 19.7 years in 2010. Another justification would be, according to her, the fact that some rights are already established from 65 years, such as retirement due to age, and the right to a social benefit known as "BPC". However, due to the considerable socioeconomic and demographic differences between the Brazilian regions, and the fact that Brazil is a developing country, it seems to me that the age of 60 should still prevail. Raising this criterion would mean limiting access to social rights for an expressive number of people. This would be contrary to what is advocated by the movements of older people, who, for example, claim a reduction in the age limit for the "BPC" benefit from 65 years to 60 years, a directive established at the National Conference of Older Persons in May 2016.

A recent amendment to the Statute for the Elderly has established a special priority for persons aged 80 years or older (article 3, paragraph 2[19]), who should be treated earlier than other older persons. This reform was greatly criticized for the fact that the guarantee of priority service should be assured to all older people without distinction, as originally established in the Statute for the Elderly. The guarantee in the priority service includes, among other advantages, a preferential service to public and private service providers and priority in receiving the refund of the Income Tax (article 3, paragraph 1). The special priority for older persons aged 80 years and over was also established for judicial and administrative proceedings, for which there was also a rule establishing priority for older persons (Article 71, paragraphs 1 to 5). 

Another legislative amendment that was also widely criticized was the limitation of the half-fare benefit of artistic, cultural and sporting spectacles[20]. The half-fare is guaranteed to students, young people of low income, people with disabilities and older persons. Some state laws extend the benefit to other categories, such as public-school teachers. The Statute for the Elderly had established a discount of at least 50% in artistic, cultural and sporting events’ tickets (article 23). The subsequent law (from 2013) on half-fare limited the granting of this benefit to only 40% of all tickets. The argument was that setting this percentage would ensure more affordable prices for all. It remains to be seen whether there will be indeed a reduction in the value of the tickets charged, or whether the change of law served only to ensure greater profitability for event producers. Still on the half-fare benefit for older persons, a court decision found it acceptable the benefit’s limitation to only a few sectors[21]. This is a prejudicial and discriminatory jurisprudential interpretation to the older people who are the beneficiaries of half-fare, which would be restricted to certain sectors that may not meet the minimum conditions of accessibility and comfort for older people.

Another threat to the social rights of older people was the 95th constitutional amendment approved in 2016 that limited public spending by 20 years. Several analysis, such as those of Pedro Rossi and Esther Dweck (2016)[22], has demonstrated how this reform represents a reduction of investments in the health area, leading to a wrecking and to the elimination of its universal service character. This reform also represents a freezing in social welfare spending, which is very damaging to older persons, since nowadays large public investments are needed to address the care challenges and the expansion of public vacancies at nursing homes.

Still debated and controversial in the Brazilian political scenario is the Social Security reform, which is one of the guidelines of the new elected government for the country. In the last 20 years, the matter has already been the subject of two important reforms introduced by constitutional amendment (EC 20/1998 and EC No 41/2003). At present[23], it is intended to further restrict some retirement rights, based on the argument of the social security deficit, which is contested by several authors. As Evilasio da Silva Salvador properly points out[24], various resources that according to the Federal Constitution should be directed to this sector are diverted from the social security budget; were it not for this deviation, this budget would be a surplus. One of the measures that is in the horizon of a new retirement would be the establishment of the minimum age for the retirement: 65 years old (for men) and 62 years old (for women). It seems to me that length of service is a fairer criterion than the age for establishing the benefit of retirement. With the establishment of a minimum retirement age, the most disadvantaged are those who start working earlier because, in practice, they will eventually have to work longer than those who could start their labor activity later. Besides restricting access to the social benefit known as "BPC" and proposing a drastic reduction in its value for the older people under 70 years old, one of the most worrying factors of the now proposed reform is that it removes from the constitutional text and attributes to a supplementary law the treatment of the most relevant social security issues, which would greatly facilitate future changes in the matter.    

It is worth remembering once again the teachings of Bobbio (2004): human rights were not conquered all at once, not once and for all. Any legislative change that has the effect of restricting the enjoyment of these rights must be analyzed with great caution.

B. The hope of an international treaty

Recognized as one of the countries that had one of the most advanced legislation on the rights of older people, Brazil has been, over the last years, one of the main proponents of an international treaty on the rights of older persons, both within the United Nations (UN) and in within the inter-American framework. At the UN, a working group has been working since 2010 to analyze international policies to promote human rights regarding the older persons[25]. In several meetings of this group, Brazil has been able to pronounce itself as favorable to the adoption of a specific international treaty in this matter[26]. At the Inter-American level, under the auspices of the Organization of American States, Brazil was at the forefront of negotiations and was the first country to sign the Inter-American Convention on the Rights of Older Persons on June 15, 2015. However, among the first signatories’ countries of the Convention, Brazil is the only one that has not yet ratified it. The treaty has already entered into force in Argentina, Bolivia, Chile, Costa Rica, El Salvador and Uruguay[27]. The Brazilian National Congress is currently processing the approval of the Inter-American Convention on the Human Rights of Older Persons, a necessary step for the ratification of a treaty in Brazil. The ratification of this treaty would represent not only the adoption of new rights for older people, but also of new controls established by the treaty. Ultimately, there is still the possibility that the treaty could be incorporated with the constitutional amendment force, which would further strengthen the rights of older persons in the face of the risks of legislative change.

For Brazilian Law, the Convention would bring, for example, new environmental rights, such as the right to protection and participation of the older persons in the event of environmental disasters (article 29)[28]. Health related decision-making would also know a major step forward with the ratification of the Convention in Brazil. Issues such as palliative care and living wills were not addressed by the National Policy for the Elderly nor by the Statute of the Elderly. The topics are regulated by resolutions of the Federal Council of Medicine, which provide for the right of living wills, the prohibition of dysthanasia and the duty to provide palliative care[29]. These rights should, however, be established through national laws, in order to strengthen legal security in this regard, as well as for the implementation of more effective public policies, a national palliative care network. These are just a few illustrations about the new rights that would be introduced in Brazilian law after the ratification of the Inter-American Convention on the Human Rights of Older Persons.

As for the new control mechanisms, these are not only reinforcements in the matter of jurisdictional control, but also ways of monitoring the implementation of the Convention. One of the great advances of the Convention is the possibility of presenting petitions to the Inter-American Commission on Human Rights in case of violation of any of its articles. According to the Article 36 of the Inter-American Convention on the Rights of the Elderly: "Any person, group of persons or non-governmental entity legally recognized in one or more States member of the Organization of American States may present petition to the Inter-American Commission on Human Rights containing denunciations or complaints of violation of any of the articles of this Convention by a State Party". This also represents a breakthrough within the inter-American system, which is flawed in terms of justiciability of social rights, inasmuch as Article 19.6 of the Protocol of San Salvador[30] limits the possibility of individual petitions to cases of violation of Articles 8.1a (set union rights) and 13 (right to education).

In addition, the Convention has established a double mechanism for monitoring its implementation, providing besides the Conference of States Parties, the implementation of a Committee of Experts. According to CIDHI, every four years, States Parties are required to submit reports on the implementation of the Convention to a Committee of Experts that will make a technical analysis and may issue recommendations for its progressive compliance (article 35).

The experts shall be appointed by each of the States Parties. This monitoring mechanism, which also relies on the Conference of States Parties, will be launched once the tenth ratification (or accession) to the Convention has been reached (Article 33). The Parties Conference, in turn, receives, analyzes and evaluates the recommendations of the Committee of Experts to formulate relevant comments (Article 34, d). The first report shall be sent by the States Parties one year after the first meeting of the Committee of Experts (article 35). The Committee of Experts, which will be based at the Organization of American States, shall have its first meeting convened by the Secretary General of the Organization ninety days after the establishment of the Follow-up Mechanism (Article 35).

Depending on how this Committee will be set up and how it will conduct its work, this system could represent a technical and democratic gain for monitoring and controlling the progress and gaps of States parties in addressing the challenges and availing of opportunities related to population aging. It is hoped that this convention, the first international text with binding force specifically devoted to the rights of older persons, will not only be a source of inspiration for developments in other regional systems and in the universal human rights system, but also that may grant greater guarantees and stability to the fundamental rights of the Brazilian older people.

IV. Final Considerations

According to Claudia Lima Marques, "vulnerability has, like any fragility of the individual or groups, degrees and the law must recognize the need to effectively protect the most vulnerable in Brazilian society" (2017, 314); in addition, "the recognition of the aggravated vulnerability of older persons is constitutional" (2017, 315). Brazilian law has advanced in the sense of considering an older persons as a subject of law, and if there is a recognition today, including at the international level, that the rights of older people are specific applications of Human Rights for a population group that has certain specificities, Brazil has certainly contributed to this understanding.

However, great vigilance is needed today regarding hard-won rights. Of course, the age-chronological criterion of the definition of old age is and should be considered relative and evolutionary. It is not intended, therefore, to deny the need for legislative reforms that are relevant and necessary to account for sociodemographic, economic and cultural changes. There is no doubt that social security reforms are necessary, provided they are implemented in order to promote equity, and not to further aggravate the inequalities that afflict Brazil. In the current context, the social rights of older persons are most threatened by the ongoing reforms in Brazil. Such reforms must respect the prohibition of non-retrocession and cannot reach the consubstantiating core of the existential minimum. It is hoped that in the coming years, not only the Supreme Court, but also the inter-American instances will be able to act in the defense of these rights.

References

Alcântara, A. O.; Camarano, A. A. & Giacomin, K. C (org.). “Estatuto do Idoso: velhas e novas questões”. Rio de Janeiro: IPEA (2016).

Brasil. Secretaria Especial de Direitos Humanos do Ministério das Mulheres, da Igualdade Racial e dos Direitos Humanos. “Balanço Anual da Ouvidoria Nacional dos Direitos Humanos”. Brasília. (2015).

Caldani, M. A. C. “Derecho de la Ancianidad, Nueva Especialidad Jurídica”. In: Dabove, M. I. (Dir.). Derechos Humanos de las Personas Mayores: Acceso a la Justicia y Protección International. 2a. ed. Ciudad Autónoma de Buenos Aires: Astrea. (2017). p. 45-65.

Camarano, A. A. “Estatuto do Idoso: avanços com contradições”. Rio de Janeiro. IPEA. (2013).

Chiarelli, T.; Bestetti, M.-L. & Graeff, B. “Mapeamento dos Telecentros da Região Central de São Paulo e Reflexões sobre sua Importância na Perspectiva do Aging in Place”. In: Bestetti, M.L.T. & Graeff, B. Habitação e Cidade para o Envelhecimento Digno. São Paulo. Portal Edições. (2017).

WHO. Older people in emergencies: an active ageing perspective. (2008). In: www.who.int/ageing/.../EmergenciesEnglish13August.pdf. Acces on 5 de May de 2017.

Dekeuwer-Défossez, F. “Les droits de l’enfant, PUF”. Paris. 9e éd. (2010). p. 3. Translated from original in French: «La plupart des droits de l'enfant sont des applications particulières des Droits de l'homme […] ou le droit de devenir un homme».

Bobbio, N. "A era dos direitos". Rio de Janeiro: Elsevier. (2004) 7a reimpressão.

Frolik, L. A. & Kaplan, R. L. “Elder Law: in a nut shell”. 5th Edition. West. (2010). p. 1-3.

Graeff B. “Direitos do Consumidor Idoso no Brasil”. Rev. de Direito do Consumidor. Vol. 22. No. 86. (2013). p. 65-74.

IBGE. “Síntese de Indicadores Sociais: Uma análise das condições de vida da população brasileira”. Rio de Janeiro (2015).

Jayme, E. “Direito Internacional Privado e Cultura Pós-Moderna”. Porto Alegre: Cadernos do Programa de Pós-Graduação em Direito – PPGDIR/UFRGS. Vol. 1. No. 1. (2003). p. 60-62.

Marques, C. L. “Diálogo entre o Código de Defesa do Consumidor e o Novo Código Civil: do ‘diálogo das fontes’ no combate às cláusulas abusivas”. Revista do Direito do Consumidor. No. 45. (2003). p. 72.

Machado, M. A. “O movimento dos idosos: um novo movimento social?” Kairós. (2007).10: 221-33.

Maia, A.  “Direito do Idoso como disciplina de ensino superior jurídico no Brasil”. Trabalho de Conclusão de Curso. (Graduação em Gerontologia) - Universidade de São Paulo. 2014. Orientador: Bibiana Graeff.

Marques, C. & Miragem B. “O novo direito privado e a proteção dos vulneráveis”. São Paulo. RT. (2012).

Marques, C. L. “A Proteção do Idoso Consumidor: Diálogo das Fontes para Proteger o Idoso e Prevenir o Superendividamento”. In: Mendes, G. F.; Leite, G. S.; Leite G. S. & Mudrovitsch, R. B. P. (Coord.). Manual dos Direitos da Pessoa Idosa. São Paulo: Saraiva. (2017). p. 314-339.

Ramos, P. R. B. “A Velhice na Constituição”. In: https://periodicos.ufsc.br/index.php/sequencia/article/view/15513. Access on November 19, 2018.

Rossi, P. & Dweck E. “Impactos do Novo Regime Fiscal na saúde e educação”. Cad. Saúde Pública 32(1), 2016. Doi: 10.1590/0102-311X00194316.

Salvador, E. S. “O desmonte financeiro da seguridade social em contexto de ajuste fiscal”. Serv. Soc. Soc. São Paulo. No. 130. p. 426-446. set./dez. 2017. http://dx.doi.org/10.1590/0101-6628.117.

[1] Professor at the University of São Paulo, School of Arts, Sciences and Humanities - EACH.

[2] F. Dekeuwer-Défossez, Les droits de l’enfant, PUF, Paris, 9e éd., 2010, p. 3. Translated from origina in French: « La plupart des droits de l'enfant sont des applications particulières des Droits de l'homme […] ou le droit de devenir un homme ».

[3] N. Bobbio, A era dos direitos. Rio de Janeiro: Elsevier, 2004, 7a reimpressão.

[4] Ramos, P. R. B. A Velhice na Constituição. In: https://periodicos.ufsc.br/index.php/sequencia/article/view/15513. Access on November 19, 2018.

[5] According to IBGE, the Brazilian demographic transition occurs mainly due to the abrupt drop in the birth rate (an average of 1.74 children per woman in 2014). The Brazilian population today is about 13.7% of people aged sixty and over. By 2030, they should represent 18.6% of the population, reaching 33.7% by 2060 (IBGE, 2015). Instituto Brasileiro de Geografia e Estatísticas, IBGE, 2015, Síntese de Indicadores Sociais: Uma análise das condições de vida da população brasileira, Rio de Janeiro.

[6] Chiarelli, T.; Bestetti, M.-L. & Graeff, B. Mapeamento dos Telecentros da Região Central de São Paulo e Reflexões sobre sua Importância na Perspectiva do Aging in Place. In: Bestetti, M.L.T. & Graeff, B. Habitação e Cidade para o Envelhecimento Digno. São Paulo, Portal Edições, 2017.

[7] WHO. Older people in emergencies: an active ageing perspective. 2008. In: www.who.int/ageing/.../EmergenciesEnglish13August.pdf. Access on 5 de maio de 2017.

[8] Act No. 8.842, January 4, 1994.

[9] MACHADO M. A. O movimento dos idosos: um novo movimento social? Kairós. 2007;10:221-33.

[10] For a historical overview on the adoption of the law and its innovations and limits: Alcântara, A. O.; Camarano, A. A. & Giacomin, K. C (org.). Estatuto do Idoso: velhas e novas questões. Rio de Janeiro: IPEA, 2016.

[11] Brasil, Secretaria Especial de Direitos Humanos do Ministério das Mulheres, da Igualdade Racial e dos Direitos Humanos, 2015, Balanço Anual da Ouvidoria Nacional dos Direitos Humanos, Brasília.

[12] STJ, REsp 1221756 / RJ, 02/02/2012.

[13]Marques, C. & Miragem B. O novo direito privado e a proteção dos vulneráveis, São Paulo, RT, 2012.

[14] Act No. 13.146, July 6, 2015.

[15] Caldani, M. A. C. Derecho de la Ancianidad, Nueva Especialidad Jurídica. In: Dabove, M. I. (Dir.). Derechos Humanos de las Personas Mayores: Acceso a la Justicia y Protección International. 2a. ed. Ciudad Autónoma de Buenos Aires: Astrea, 2017. p. 45-65. In the United States, see: Frolik, L. A. & Kaplan, R. L. Elder Law: in a nut shell. 5th Edition. West, 2010, p. 1-3.  In Brazil in 2014, 5 out of 15 of the most important Law Schools in the country offered in their curricula disciplines that dealt with the Rights of Older Persons. Maia, A.  Direito do Idoso como disciplina de ensino superior jurídico no Brasil. 2014. Trabalho de Conclusão de Curso. (Graduação em Gerontologia) - Universidade de São Paulo. Orientador: Bibiana Graeff.

[16] About pluralism e the sources dialogue in postmodernity, see: Jayme, E. “Direito Internacional Privado e Cultura Pós-Moderna”. Porto Alegre: Cadernos do Programa de Pós-Graduação em Direito – PPGDIR/UFRGS, v. 1, n. 1, mar. 2003, p. 60-62.

[17] Marques, C. L. “Diálogo entre o Código de Defesa do Consumidor e o Novo Código Civil: do ‘diálogo das fontes’ no combate às cláusulas abusivas”. Revista do Direito do Consumidor, No. 45, jan.-mar. 2003, p. 72. Marques, C. L. A Proteção do Idoso Consumidor: Diálogo das Fontes para Proteger o Idoso e Prevenir o Superendividamento. In: Mendes, G. F.; Leite, G. S.; Leite G. S. & Mudrovitsch, R. B. P. (Coord.). Manual dos Direitos da Pessoa Idosa. São Paulo: Saraiva, 2017, p. 314-339. On the dialogue of sources for the recognition of an older person consumer definition in Brazilian Law, see: Graeff B. Direitos do Consumidor Idoso no Brasil. Rev. de Direito do Consumidor, v. 22, n. 86, 2013, p. 65-74.

[18] Camarano, A. A. Estatuto do Idoso: avanços com contradições, Rio de Janeiro, IPEA, 2013.

[19] Introduced by the Act No. 13.466, in 2017.

[20] Act No. 12.933, December 26, 2013.

[21] TJ-MG – AC: 10024082500489002 MG. Mars 21, 2013. Relator: Márcia de Paoli Balbino. 17a Câmara Cível. Publishing date: April 11, 2013.

[22] Rossi, P. & Dweck E. Impactos do Novo Regime Fiscal na saúde e educação. Cad. Saúde Pública 32(1), 2016. Doi: 10.1590/0102-311X00194316.

[23] Proposta de Emenda Constitucional no 6/2019.

[24] Salvador, E. S. O desmonte financeiro da seguridade social em contexto de ajuste fiscal. Serv. Soc. Soc., São Paulo, n. 130, p. 426-446, set./dez. 2017. http://dx.doi.org/10.1590/0101-6628.117.

[25] General Assembly, Resolution No. 65/182, December 21, 2010.

[26] To access the documents and follow the progress of the group's work: https://social.un.org/ageing-working-group/. Access on November 18, 2018. 

[27] According to information consulted in: http://www.oas.org/es/sla/ddi/tratados_multilaterales_interamericanos_A-70_derechos_humanos_personas_mayores_firmas.asp. Access on November 18, 2018.

[28] Graeff, B. Avanços Socioambientais da Convenção Interamericana de Direitos Humanos das Pessoas Idosas. 22º Congresso Brasileiro de Direito Ambiental. São Paulo. Vol. 1. Conferencistas e Teses de Profissionais. 2017. In: http://www.planetaverde.org/biblioteca-virtual/anais.

[29] On the advance directives on health matters: Conselho Federal de Medicina, resolução no. 1995/12, August 30, 2012. On palliative care and the prohibition of dysthanasia, see: Código de Ética Médica, aprovado através da resolução do Conselho Federal de Medicina No. 1931 September 17, 2009.

[30] Protocolo Adicional à Convenção Americana sobre Direitos Humanos em matéria de Direitos Econômicos, Sociais e Culturais, “Protocolo de San Salvador”,  December 17, 1988.