Abstract:
This final course work aims to identify whether the insertion of human rights and
constitutional and infra-constitutional legislation in the promotion, defense and
guarantees of the rights of the elderly provide the implementation of public policies in
Brazil. In this sense, a brief reflection is presented on the guarantee of the rights of
the elderly, based on the proposals of the conferences on the rights of elderly people
in Brazil and their insertions with public social policies in the light of legal norms that
protect rights. Among these, the National Policy for the Elderly of 1994 and the
Statute of the Elderly of 2003 stand out, as well as the proposals approved at the
National Conference on the Rights of the Elderly, held in 2006, an arena in which
different interests of the States of Rio Grande are confronted. do Sul, Santa Catarina,
São Paulo, Minas Gerais and Goiás. This work is based on the guarantee of the
rights of the elderly from the understanding of population aging, as a process that has
been imposing itself as an undeniable reality, without, however, , constitute a priority
on the political agenda of our country. In this context, characterized by crises that
affect our rule of law, the rights expressed in the proposals of the 2019 conferences
were neglected with the imposition of Decree No. Such changes occur contrary to the
observation of the increase in life expectancy, with significant social impacts. Among
the international regulations, the Madrid Plan of 2002 stands out, which recommends
the creation of a document, of international scope, legally binding and that the survey
of the 2006 and 2019 proposals reveal the absence of mechanisms that require
compliance legislation that guarantees the rights of the elderly; the lack of political
commitment on the part of managers to implement existing legislation and the
precariousness of efficient democratic control in ensuring that legislation is complied
with. In this clipping, it was then possible to establish a possible counterpoint
between these reports, action plans, Annals and the legislation that provides for the
implementation of public policies, which seeks to verify the effectiveness in complying
with the National Policy for the Elderly and the Statute of the Elderly. , since the first
conference. A vast production of omissions is observed on the part of States and
Municipalities, in compliance with the 2006 proposals, as determined by legislation.