A proteção social ao idoso dependente na Seguridade Social Brasileira

• Autor(a) principal: Galleti, Tonia Andrea Inocentini
• Data de Publicação: 2014
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/23848
• topic: idoso; dependência; seguridade social; proteção social; elderly; dependency; social security; social welfare; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The population aging process is an unquestioned reality all over the world. Brazil follows this tendency and, in a near future, will have the sixth largest elderly population in the world. The increase of life expectancy, brings to a great number of elderly, especially for the ones, who are 80 years old or more, the consequent needs for help in the daily life activities. This vulnerability is known by dependency. To study this phenomenon, we have deeply analyzed spanish social and legal reality, concerning to the assistance given to those citizens, who are unable and/ or face difficulties to do the basic daily life activities. Spain has produced and published a study, named Libro Blanco, which provides a detailed X-ray of country s reality of the old people. Besides, it built a possible model for the assistance directed to this population. We have analyzed the ibero-american group of countries, including Latin American ones, looking for studies about the elders, and we did not find neither in-depth studies, nor social protection to this population contingent. On the other hand, on analyzing the Brazilian legislation, we found protection mechanisms, through Social Security, which covers almost 100% of the elders. However, there is not a specific legislation or public polices for the assistance of the old people in dependency situation. Despite this, the Brazilian Federal Constitution presents, in its structure, enough conditions to meet this social demand, through the Social Security, it means, through Health, Social Welfare and Social Assistance, without the necessity of constitutional amendments, in order to assists the elders, who need help to do their daily activities. We concluded that there is the need of a survey about the Brazilian elders reality, in terms of numbers and quality, in order to enable the development of appropriated public polices directed towards this population. Thus, we have dedicated to evaluation of the effectiveness of the constitutional rules for the protection of dependent elderly, verifying, from the constitutional text, that there is legal provision for extensive and unrestricted protection to this population contingent. However, it is restricted to a protection of limited efficiency, which does not mean, prima facie, the non-effectiveness of the rights, but the necessity of legislative action for the execution of the aims established by the constitution. And, yet, considering that from the enactment of the Federal Constitution/88, it has passed 26 years, we proposed a discussion about which are the applicable legal measures, so that to the protection to the elderly in dependent situation become true.