THE ROLE OF SOCIETY IN PROMOTING THE FUNDAMENTAL RIGHT TO ACTIVE AGEING

Authors

  • Flávia de Almeida Montingelli Zanferdini Universidade de Ribeirão Preto - Unaerp
  • Carlos Eduardo Montes Netto UNAERP

Keywords:

Elderly. Active Ageing. Fundamental right. Fundamental duty. Society.

Abstract

The ageing of the population is a relatively recent phenomenon in Brazil, however, it has been happening for some time in developed countries. In the past, life expectancy was low. Currently, in the face of technological and medicinal advances, individuals are living longer, which has enabled the categorical designation of the elderly, those aged sixty or over. Old, elderly, old age, no matter what term you want to use, the attention here is to what this age bracket represents today in Brazil. It is knowledge that the State has turned its concerns to try to remedy some vulnerabilities associated with these individuals, however, there is much to be done. Some concepts were attributed in this perspective, highlighting in the present work the active ageing that aims not only the physical and psychological part of the elderly, but also their social interaction as a great ally to the quality of living. The importance of social participation is emphasized by several authors, including as a way of reintegrating the elderly into society. This study aims to analyze, using a hypothetical-deductive method, whether there is a fundamental right to active ageing and whether it is society's duty to promote it, concluding that both can be extracted from Article 230, caput of the Brazilian Federal Constitution.

Author Biographies

Flávia de Almeida Montingelli Zanferdini, Universidade de Ribeirão Preto - Unaerp

Professora dos cursos de Graduação, Mestrado e Doutorado em Direito ministrados pela Universidade de Ribeirão Preto – UNAERP (Brasil)

Carlos Eduardo Montes Netto, UNAERP

Doutorando e Mestre em Direito pela Universidade de Ribeirão Preto - UNAERP. Professor de cursos de
graduação da UNAERP e UNIP. Juiz de Direito do Estado de São Paulo.

Published

2020-12-08