Direitos fundamentais sociais e a situação jurídica do idoso no Brasil

• Ano de defesa: 2007
• Autor(a) principal: Abreu, Nylson Paim de
• Orientador(a): Freitas, Juarez
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul; Porto Alegre
• Palavras-chave em Português: DIREITOS FUNDAMENTAIS; DIREITO CONSTITUCIONAL; DIREITOS SOCIAIS; IDOSOS
• Link de acesso: http://hdl.handle.net/10923/2281

There is a natural impediment when it is done a work about fundamental rights in Brazil without mentioning the Brazilian Constitution of 1988 whose hallmark is essentialy social, protective and founded in the noblest aims of any societies. Our constitution has the soberany and the dignity of people’s lives as the fundamental basis. Among the objectives professed by our Supreme Law are the construction of a free, fair and solidary society as well as the promotion of everybody welfare without any discrimination. For the first time in the Brazilian constitutional history and based on this purpose, the social rights were included on a chapter reserved to the fundamental rights. Not taking in consideration all discussions about the immediate implementation of this rights, it is important to recnognize the significant improvement in relation to social rights and specially with respect to accept the solidarity as a highly value. Although the protection to the oldness and to the old people appears timidly, because the 1988’s legislator did not guess the cientific and technological advances for the next years after the promulgation of the Supreme Law. However since that time there was an intense change in the Brazilian social context, that is, the scientific contributions also occurred here in Brazil. The alterations regarding to the expectation of life and the increasing on the lenght of the Brazilian people’s lives are contributing for this. As it is now occuring in European countries, Brazil is also changed into an aged nation. A serious attendance is necessary in order to be possible protected and assured the welfare of those were out of work, but having a long period of life to continue giving their professional experience to the construction of a more fraternal and just society.This kind of protection could be done through many ways specially by the edition of legal rules and by the efficient performance of the Public Power that is the object of this work, that is to show what had already done and what could be done (and must be) to guarantee the dignity of the old people inside the social context, because this problem is not a minor point inside the governmental administration, but, beyond this, a human question that demands urgently, besides the official support, the effective solidarity of all society.