The Statute on Older People marks its 18th anniversary

The Statute on Older People marked its 18th anniversary at the end of 2021! It is a fitting occasion to celebrate this federal law, which was a major achievement not only for older people, but for the entire Brazilian population!

Although Brazilian legislation had previously provided for certain rights for older people, it was only with the introduction of the Statute that acts such as neglect, discrimination, various forms of violence, and acts of cruelty and oppression against older people were criminalised and are now punishable by law. The Statute has also raised awareness and understanding amongst older people regarding their rights.

So, to mark this significant date, we have listed below some of the key rights introduced by this landmark piece of legislation.

Guarantees of priority 

According to the statute, older people not only have rights, but must exercise them as a matter of absolute priority. Here are some points set out in paragraph 1 of Article 3.

I – immediate and personalised priority service from public and private bodies providing services to the population;

V – prioritisation of care for older people by their own families, rather than care home services, except for those who do not have such a home or lack the means to support themselves;

VII – the establishment of mechanisms to promote the dissemination of educational information on the biopsychosocial aspects of ageing;

VIII – the guarantee of access to the local network of health and social care services.”

The law also stipulates that no elderly person shall be subjected to any form of neglect, discrimination, violence, cruelty or oppression.

Fundamental rights

The Statute also addresses certain fundamental rights, which were already enshrined in the Federal Constitution, and which have been expanded and reinforced so that they may be applied more effectively in relation to older people.

The law on the protection of older people establishes the obligation of the State and society to guarantee older people freedom, respect and dignity. Title II contains 10 chapters covering rights such as:

I – Right to Life
II – Right to Freedom, Respect and Dignity
III – Maintenance
IV – Right to Health
V – Education, Culture, Sport and Leisure
VI – Vocational Training and Employment
VII – Social Security
VIII – Social Assistance
IX – Housing
X – Transport

Maintenance rights

Chapter III stipulates that the provision of maintenance is a joint and several obligation, and that the elderly person may choose who will provide it. Where the elderly person and their family are financially unable to provide for their own maintenance, it is the duty of the State to provide such assistance through the LOAS (Organic Law on Social Assistance).

Right to healthcare

The Statute ‘’ guarantees comprehensive healthcare through the Unified Health System ( – SUS). The law guarantees , including home care for those with needs. It also guarantees the free provision of long-term medication, prosthetics and orthotics.

According to websites specialising in law, this provision is particularly noteworthy because it prohibits discrimination against older people in health insurance schemes by charging different premiums on the basis of age.

Still on the subject of the right to healthcare, it is worth noting the so-called ‘preference of preference’. Older people aged 80 or over have priority over other older people who are younger.

Right to Vocational Training and Employment

This deals with the prohibition of discrimination against older people in any job or employment . This includes public sector recruitment competitions where an upper age limit is set, subject to specific cases arising from the nature of the role or position.

Right to transport

This entitles the holder to free travel on urban and semi-urban public transport (the National Plan for Older People), which covers people aged 65 and over.

We know that, in practice, there is still much to be done and improved to ensure that all these rights are upheld for the entire older population in Brazil. And we at the FBB work every day to ensure that older people’s rights are guaranteed – and to address any needs that may not be met by the State. However, it is also essential to recognise the importance of this legislation and the progress it has brought about.

Research source: the Aurum website and (source: portal)https://www.aurum.com.br/  e (*Agora* newspaper).