Um olhar sobre as ILPIs e os Direitos Fundamentais do idoso

Abstract

The study approaches a panorama of the Brazilian law of the elderly and supports the adoption of the theory of fundamental rights as an instrument to promote guarantees in long term care institution (LTC-Institution). In observing the limitations of national legislation that aim to protect, they ended up limiting other rights that would guarantee the autonomy of the elderly, the vulnerability of the institutionalized individual stands out among a formal structure of social protection that has not yet become effective in the great majority of Sergipe LTC-Institution. The text maintains that the social characteristics present in the LTC-Institution, questions related to senescence and senility of the individual, cause a potential risk of limiting the elderly people's living in other environments, and would be able to accelerate cognitive loss, impairing their autonomy. Finally, the responses of the managers of the Sergipe LTC-Institution on the main difficulties for the promotion of the guarantee of rights are registered, in the middle of a scenario that denounces a small number of institutions created by the public power, transferring to care responsibilities to the philanthropic institutions and the family of the elderly, placing it in a condition of extreme vulnerability