Statute of the Elderly
THE PRESIDENT OF THE REPUBLIC I inform you that the National Congress decrees and I sanction the following Law:
Title I – Preliminary Provisions
The Elderly Statute is instituted, aimed at regulating the rights guaranteed to people aged 60 or over.
The elderly person enjoys all the fundamental rights inherent to the human person, without prejudice to the full protection referred to in this Law, assuring him, by law or other means, all opportunities and facilities, for the preservation of his physical and mental and its moral, intellectual, spiritual and social improvement, in conditions of freedom and dignity.
It is the obligation of the family, the community, society and the government to ensure the elderly, with absolute priority, the realization of the right to life, health, food, education, culture, sport, leisure, work, citizenship, freedom, dignity, respect and family and community coexistence.
Single paragraph. The guarantee of priority comprises:
I – immediate and individualized preferential service with public and private agencies providing services to the population;
II – preference in the formulation and execution of specific public social policies;
III – privileged allocation of public resources in areas related to the protection of the elderly;
IV – enabling alternative forms of participation, occupation and interaction of the elderly with other generations;
V – prioritization of care for the elderly by their own family, to the detriment of asylum care, except for those who do not have it or lack the conditions to maintain their own survival;
VI – training and recycling of human resources in the areas of geriatrics and gerontology and in the provision of services to the elderly;
VII – establishment of mechanisms that favor the dissemination of educational information about the biopsychosocial aspects of aging;
VIII – guarantee of access to the local health and social assistance network.
IX – priority in receiving the income tax refund. (Included by Law No. 11,765, of 2008)
No elderly person will be the object of any kind of neglect, discrimination, violence, cruelty or oppression, and any attack on their rights, for action or omission, will be punished under the law.
§ 1 It is everyone’s duty to prevent the threat or violation of the rights of the elderly.
§ 2 The obligations provided for in this Law do not exclude from prevention others arising from the principles adopted by it.
Failure to comply with the prevention rules will result in liability to the individual or legal entity under the law.
Every citizen has the duty to report to the competent authority any form of violation of this Law that he has witnessed or that he is aware of.
The National, State, Federal District and Municipal Councils for the Elderly, provided for in Law No. 8,842, of January 4, 1994, will ensure compliance with the rights of the elderly, as defined in this Law.
Title II – Fundamental Rights
Chapter I – Right to Life
Aging is a very personal right and its protection a social right, under the terms of this Law and the current legislation.
It is the State’s obligation to guarantee the protection of life and health for the elderly, through the implementation of public social policies that allow healthy aging and conditions of dignity.
Chapter II – From the Right to Freedom, Respect and Dignity
It is the obligation of the State and of society to ensure freedom, respect and dignity for the elderly, as a human person and subject to civil, political, individual and social rights, guaranteed in the Constitution and in the laws.
§ 1 The right to freedom includes, among others, the following aspects:
I – the ability to come, go and be in public places and community spaces, subject to legal restrictions;
II – opinion and expression;
III – religious belief and worship;
IV – practice of sports and amusements;
V – participation in family and community life;
VI – participation in political life, according to the law;
VII – faculty to seek refuge, assistance and guidance.
§ 2 The right to respect consists of the inviolability of physical, mental and moral integrity, including the preservation of image, identity, autonomy, values, ideas and beliefs, spaces and personal objects.
§ 3 It is the duty of all to care for the dignity of the elderly, placing them safe from any inhuman, violent, terrifying, vexing or embarrassing treatment.
Chapter III – Food
Food will be provided to the elderly in accordance with civil law.
The maintenance obligation is solidary, with the elderly being able to choose between providers.
Transactions related to food may be entered into before the Public Prosecutor or Public Defender, who will endorse them, and will have the effect of an extrajudicial enforcement order under the terms of civil procedural law. (Wording given by Law No. 11,737, of 2008)
If the elderly or their family members do not have the economic conditions to provide for their livelihood, this provision is required by the Public Power, within the scope of social assistance.
Chapter IV – From the Right to Health
Comprehensive health care for the elderly is ensured through the Unified Health System – SUS, guaranteeing universal and equal access, in an articulated and continuous set of actions and services, for the prevention, promotion, protection and recovery of health , including special attention to diseases that preferentially affect the elderly.
§ 1 The prevention and maintenance of the health of the elderly will be carried out through:
I – registration of the elderly population on a territorial basis;
II – geriatric and gerontological care in outpatient clinics;
III – geriatric reference units, with specialized personnel in the areas of geriatrics and social gerontology;
IV – home care, including hospitalization, for the population that needs it and is unable to get around, including for elderly sheltered and sheltered by public, philanthropic or non-profit institutions and eventually agreed with the Public Power, in urban and rural areas ;
V – rehabilitation guided by geriatrics and gerontology, to reduce the sequelae resulting from health problems.
§ 2 It is incumbent upon the Public Power to provide the elderly, free of charge, with medications, especially those for continued use, as well as prostheses, orthoses and other resources related to treatment, habilitation or rehabilitation.
§ 3 Discrimination against the elderly in health plans is prohibited by charging different amounts due to age.
§ 4 Elderly people with disabilities or with disabling limitations will have specialized care, under the terms of the law.
The elderly hospitalized or under observation is guaranteed the right to a companion, and the health agency must provide adequate conditions for their full-time stay, according to medical criteria.
Single paragraph. It will be up to the health professional responsible for the treatment to grant authorization to accompany the elderly person or, in case of impossibility, justify it in writing.
The elderly who are in the domain of their mental faculties are guaranteed the right to choose the health treatment that is considered most favorable.
Single paragraph. If the elderly person is not in a position to proceed with the option, it will be made:
I – by the curator, when the elderly person is interdicted;
II – by family members, when the elderly person has no curator or he cannot be contacted in a timely manner;
III – by the doctor, when there is an imminent risk of life and there is no time to consult a curator or family member;
IV – by the doctor himself, when there is no curator or known family member, in which case he must report the fact to the Public Ministry.
Health institutions must meet the minimum criteria to meet the needs of the elderly, promoting the training and qualification of professionals, as well as guidance to family caregivers and self-help groups.
Cases of suspicion or confirmation of violence against the elderly will be subject to compulsory notification by public and private health services to the health authority, as well as being mandatorily communicated by them to any of the following bodies (Wording given by Law No. 12,461, 2011 ):
I – police authority;
II – Public Ministry;
III – Municipal Council for the Elderly;
IV – State Council for the Elderly;
V – National Council for the Elderly.
- 1 For the purposes of this Law, violence against the elderly is considered to be any action or omission practiced in a public or private place that causes death, physical or psychological damage or suffering (Included by Law No. 12,461, of 2011).
Paragraph 2. The provisions of Law No. 6,259 of October 30, 1975 apply to the compulsory notification provided for in the caput of this article (Included by Law No. 12,461 of 2011).
Chapter V – Education, Culture, Sports and Leisure
The elderly are entitled to education, culture, sports, leisure, entertainment, shows, products and services that respect their peculiar age condition.
The Public Power will create opportunities for the elderly to access education, adapting curricula, methodologies and didactic material to the educational programs aimed at them.
§ 1 The special courses for the elderly will include content related to communication techniques, computing and other technological advances, for their integration into modern life.
§ 2 The elderly will participate in the celebrations of a civic or cultural character, for the transmission of knowledge and experiences to other generations, in the sense of preserving cultural memory and identity.
The minimum curricula of the various levels of formal education will include content aimed at the aging process, respect and appreciation of the elderly, in order to eliminate prejudice and produce knowledge on the subject.
The participation of the elderly in cultural and leisure activities will be provided through discounts of at least 50% (fifty percent) on tickets for artistic, cultural, sports and leisure events, as well as preferential access to the respective places.
The media will maintain special spaces or times aimed at the elderly, for informative, educational, artistic and cultural purposes, and for the public about the aging process.
The Public Power will support the creation of an open university for the elderly and encourage the publication of books and periodicals, with content and editorial standards suitable for the elderly, which facilitate reading, considering the natural reduction of visual capacity.
Chapter VI – Professionalization and Work
The elderly have the right to exercise professional activity, respecting their physical, intellectual and psychological conditions.
When admitting the elderly person to any job or job, discrimination and the establishment of a maximum age limit are prohibited, including for competitions, except in cases where the nature of the position requires it.
Single paragraph. The first tiebreaker criterion in a public contest will be age, giving preference to the older age.
The Public Power will create and stimulate programs of:
I – specialized professionalization for the elderly, taking advantage of their potential and skills for regular and paid activities;
II – preparation of workers for retirement, at least 1 (one) year in advance, by encouraging new social projects, according to their interests, and clarifying social and citizenship rights;
III – encouraging private companies to admit elderly people to work.
Chapter VII – Social Security
The retirement and pension benefits of the General Social Security System will observe, in their granting, calculation criteria that preserve the real value of the salaries on which contribution was levied, under the terms of the current legislation.
Single paragraph. The amounts of maintenance benefits will be readjusted on the same date as the minimum wage readjustment, pro rata, according to their respective start dates or their last readjustment, based on the percentage defined in regulation, observing the criteria established by Law no. 8,213, of July 24, 1991.
The loss of the insured’s condition will not be considered for the granting of retirement by age, provided that the person has, at least, the contribution time corresponding to that required for the grace period on the date of claiming the benefit.
Single paragraph. The calculation of the benefit amount provided for in the caput will observe the provision in the caput and § 2 of art. 3 of Law 9,876, of November 26, 1999, or, if there are no contribution wages collected as of July 1994, the provisions of art. 35 of Law No. 8,213 of 1991.
The payment of installments related to benefits, made late for Social Security liability, will be updated by the same index used for the readjustments of the benefits of the General Social Security System, verified in the period between the month that should have been paid and the month the actual payment.
World Labor Day, May 1, is the base date for retirees and pensioners.
Chapter VIII – Social Assistance
Social assistance to the elderly will be provided, in an articulated manner, in accordance with the principles and guidelines provided for in the Organic Law on Social Assistance, the National Policy for the Elderly, the Unified Health System and other relevant rules.
The elderly, over 65 (sixty-five) years of age, who do not have the means to provide for their subsistence, nor have it provided by their family, are guaranteed the monthly benefit of 1 (one) minimum wage, under the terms of Organic Law on Social Assistance – Loas.
Single paragraph. The benefit already granted to any family member under the caput will not be counted for the purposes of calculating the per capita family income to which Loas refers.
All long-term entities, or home homes, are required to sign a service provision contract with the sheltered elderly person.
§ 1 In the case of philanthropic entities, or home homes, the participation of the elderly in the cost of the entity is allowed.
Paragraph 2. The Municipal Council for the Elderly or the Municipal Council for Social Assistance shall establish the form of participation provided for in Paragraph 1, which may not exceed 70% (seventy percent) of any social security or social assistance benefit perceived by the elderly.
§ 3 If the elderly person is incapacitated, it is up to his legal representative to sign the contract referred to in the caput of this article.
The reception of elderly people in situations of social risk, by adult or family nucleus, characterizes economic dependence, for legal purposes.
Chapter IX – Housing
The elderly person has the right to decent housing, within the natural or substitute family, or unaccompanied by their family members, whenever they wish, or even in a public or private institution.
§ 1 Full assistance in the form of a long-term entity will be provided when there is no family group, home, abandonment or lack of financial resources of their own or of the family.
Paragraph 2. Every institution dedicated to the care of the elderly is obliged to maintain visible external identification, under penalty of interdiction, in addition to complying with all relevant legislation.
§ 3 The institutions that shelter the elderly are obliged to maintain housing standards compatible with their needs, as well as provide them with regular food and hygiene essential to sanitary norms and with these, under the penalties of the law.
In housing programs, public or subsidized with public resources, the elderly enjoy priority in the acquisition of property for their own housing, observing the following:
I – reserve of at least 3% (three percent) of residential housing units to serve the elderly; (Wording given by Law 12.418, of 2011)
II – implantation of community urban equipment aimed at the elderly;
III – elimination of architectural and urban barriers, to guarantee accessibility to the elderly;
IV – financing criteria compatible with retirement and pension income.
Single paragraph. The residential units reserved for elderly care should preferably be located on the ground floor. (Included by Law No. 12,419, of 2011)
Chapter X – Transport
Those over 65 (sixty-five) years of age are guaranteed free public urban and semi-urban public transport, except for selective and special services, when provided in parallel with regular services.
§ 1 In order to have access to gratuity, it is sufficient for the elderly person to present any personal document that proves their age.
§ 2 In the public transport vehicles referred to in this article, 10% (ten percent) of the seats for the elderly will be reserved, duly identified with the reserved plate, preferably for the elderly.
Paragraph 3. In the case of people in the age group between 60 (sixty) and 65 (sixty-five) years, it will be at the discretion of the local legislation to provide for the conditions for exercising the gratuity in the means of transportation provided for in the caput of this article.
In the interstate public transportation system, it will be observed, under the terms of the specific legislation:
I – the reservation of 2 (two) free spaces per vehicle for elderly people with an income equal to or less than 2 (two) minimum wages;
II – discount of 50% (fifty percent), at least, in the value of the tickets, for the elderly who exceed the free spaces, with an income equal to or less than 2 (two) minimum wages.
Single paragraph. It will be up to the competent bodies to define the mechanisms and criteria for exercising the rights provided for in items I and II.
The reserve is guaranteed for the elderly, under the terms of local law, of 5% (five percent) of the spaces in public and private parking lots, which must be positioned in order to guarantee the best comfort for the elderly.
Elderly priority is ensured when boarding the public transport system.
Title III – Protection Measures
Chapter I – General Provisions
The protection measures for the elderly are applicable whenever the rights recognized in this Law are threatened or violated:
I – by action or omission by society or the State;
II – due to lack, omission or abuse of the family, curator or service provider;
III – due to his personal condition.
Chapter II – Specific Protection Measures
The protection measures for the elderly provided for in this Law may be applied, isolated or cumulatively, and will take into account the social purposes for which they are intended and the strengthening of family and community bonds.
Any of the hypotheses provided for in art. 43, the Public Ministry or the Judiciary, at the request of the latter, may determine, among others, the following measures:
I – referral to the family or trustee, by means of a liability term;
II – temporary guidance, support and monitoring;
III – request for treatment of your health, on an outpatient, hospital or home basis;
IV – inclusion in an official or community program of assistance, guidance and treatment for users dependent on licit or illicit drugs, the elderly person or the person in his / her community that causes disturbance;
V – shelter in an entity;
VI – temporary shelter.
Title IV – Elderly Care Policy
Chapter I – General Provisions
The policy of assisting the elderly will be carried out through the articulated set of governmental and non-governmental actions of the Union, the States, the Federal District and the Municipalities.
The service policy’s lines of action are:
I – basic social policies, provided for in Law No. 8,842, of January 4, 1994;
II – social assistance policies and programs, on a supplementary basis, for those who need them;
III – special prevention and care services for victims of negligence, ill-treatment, exploitation, abuse, cruelty and oppression;
IV – service to identify and locate relatives or guardians of elderly abandoned in hospitals and long-term institutions;
V – legal and social protection by entities that defend the rights of the elderly;
VI – mobilization of public opinion towards the participation of the various segments of society in the care of the elderly.
Chapter II – Elderly Care Entities
The service entities are responsible for the maintenance of the units themselves, observing the planning and execution rules issued by the competent body of the National Policy for the Elderly, according to Law No. 8,842, of 1994.
Sole paragraph. The governmental and non-governmental entities of assistance to the elderly are subject to the registration of their programs, with the competent body of the Health Surveillance and Municipal Council of the Elderly Person, and in their absence, with the State or National Council of the Elderly Person, specifying the service regimes, observing the following requirements:
I – offering physical facilities in adequate conditions of habitability, hygiene, health and safety;
II – present statutory objectives and work plan compatible with the principles of this Law;
III – be regularly constituted;
IV – demonstrate the suitability of its officers.
The entities that develop long-term institutionalization programs will adopt the following principles:
I – preservation of family bonds;
II – personalized service and in small groups;
III – keeping the elderly in the same institution, except in cases of force majeure;
IV – participation of the elderly in community activities, internal and external;
V – observance of the rights and guarantees of the elderly;
VI – preserving the identity of the elderly and offering an environment of respect and dignity.
Single paragraph. The director of an institution that provides care to the elderly will be held civilly and criminally responsible for the acts that they perform to the detriment of the elderly, without prejudice to administrative sanctions.
The following are obligations of the service entities:
I – enter into a written service provision contract with the elderly, specifying the type of service, the entity’s obligations and benefits arising from the contract, with the respective prices, if applicable;
II – observe the rights and guarantees held by the elderly;
III – provide adequate clothing, if it is public, and sufficient food;
IV – offer physical facilities in adequate living conditions;
V – offer personalized service;
VI – take steps to preserve family bonds;
VII – offer appropriate accommodation for receiving visitors;
VIII – providing health care, according to the needs of the elderly;
IX – to promote educational, sports, cultural and leisure activities;
X – provide religious assistance to those who wish, according to their beliefs;
XI – carry out a social and personal study of each case;
XII – report to the competent health authority any occurrence of elderly persons with infectious and contagious diseases;
XIII – provide or request that the Public Prosecutor’s Office request the documents necessary for the exercise of citizenship from those who do not have them, in accordance with the law;
XIV – provide proof of deposit of the movable property they receive from the elderly;
XV – keep a file of notes containing the date and circumstances of the service, name of the elderly person, person in charge, relatives, addresses, city, list of their belongings, as well as the value of contributions, and their changes, if any, and other data that make it possible their identification and individualization of care;
XVI – communicate to the Public Ministry, for the appropriate measures, the situation of moral or material abandonment by family members;
XVII – maintain professionals with specific training in the staff.
Philanthropic or non-profit institutions providing services to the elderly will be entitled to free legal aid.
Chapter III – Inspection of Service Entities
Governmental and non-governmental entities for the care of the elderly will be supervised by the Councils for the Elderly, the Public Ministry, Health Surveillance and others provided for by law.
Art. 7 of Law 8,842, of 1994, becomes effective with the following wording:
“Article 7 The Councils referred to in Article 6 of this Law are responsible for the supervision, monitoring, inspection and evaluation of the national policy of the elderly, within the scope of the respective political and administrative bodies. ” (NR)
Publicity will be given for the rendering of accounts of public and private resources received by the service entities.
Service entities that fail to comply with the provisions of this Law will be subject, without prejudice to the civil and criminal liability of their officers or representatives, to the following penalties, subject to due legal process:
I – government entities:
b) provisional removal of its officers;
c) permanent removal of its officers;
d) closing of the unit or interdiction of the program;
II – non-governmental entities:
c) partial or total suspension of the transfer of public funds;
d) interdiction of unit or program suspension;
e) prohibition of assistance to the elderly in the public interest.
§ 1 In the event of damage to the sheltered elderly or any type of fraud in relation to the program, the temporary removal of the officers or the interdiction of the unit and the suspension of the program will be incumbent.
Paragraph 2. The partial or total suspension of the transfer of public funds will occur when the misapplication or deviation of the purpose of the resources is verified.
Paragraph 3. In the event of an infraction by a service entity, which puts at risk the rights ensured in this Law, the fact shall be communicated to the Public Prosecutor’s Office, for the appropriate measures, including to promote the suspension of activities or dissolution of the entity, with the prohibition of assistance to the elderly in the public interest, without prejudice to the measures to be taken by the Health Surveillance.
§ 4 In the application of penalties, the nature and severity of the offense committed, the damage that it may cause to the elderly person, the aggravating or mitigating circumstances and the background of the entity will be considered.
Chapter IV – Administrative Infringements
Let the service entity to comply with the provisions of art. 50 of this Law:
Penalty – fine from R $ 500.00 (five hundred reais) to R $ 3,000.00 (three thousand reais), if the fact is not characterized as a crime, the establishment may be banned until the requirements are met cool.
Single paragraph. In the event of a ban on the long-stay establishment, the sheltered elderly will be transferred to another institution, at the expense of the banned establishment, for the duration of the ban.
Let the health professional or person in charge of a health establishment or long-term institution notify the competent authority of the cases of crimes against the elderly of which they are aware:
Penalty – fine of R $ 500.00 (five hundred reais) to R $ 3,000 .00 (three thousand reais), applied twice in case of recurrence.
Failure to comply with the provisions of this Law on priority in the care of the elderly:
Penalty – fine of R $ 500.00 (five hundred reais) to R $ 1,000.00 (one thousand reais) and civil fine to be stipulated by the judge, according to damage suffered by the elderly.
Chapter V – From the Administrative Assessment of the Infringement to the Elderly Protection Standards
The monetary values expressed in Chapter IV will be updated annually, in accordance with the law.
The procedure for imposing an administrative penalty for violating the rules for the protection of the elderly will begin with a request from the Public Prosecutor’s Office or an infraction notice prepared by an effective civil servant and signed, if possible, by two witnesses.
§ 1 In the procedure initiated with the infraction notice, printed formulas may be used, specifying the nature and circumstances of the infraction.
Paragraph 2. Whenever possible, verification of the infraction will be followed by the drawing up of the record, or it will be drawn up within 24 (twenty four) hours, for justified reason.
The assessment will have a period of 10 (ten) days for the presentation of the defense, counted from the date of the summons, which will be made:
I – by the assessor, in the assessment instrument, when it is drawn up in the presence of the infringer;
II – by post, with acknowledgment of receipt.
If there is a risk to the life or health of the elderly, the competent authority shall apply regulatory sanctions to the service entity, without prejudice to the initiative and the measures that may be adopted by the Public Prosecutor’s Office or by other institutions authorized for inspection.
In cases where there is no risk to the life or health of the sheltered elderly person, the competent authority shall apply regulatory sanctions to the service entity, without prejudice to the initiative and the measures that may be adopted by the Public Ministry or by other legitimate institutions. for inspection.
Chapter VI – Judicial Investigation of Irregularities in a Service Entity
The provisions of Laws No. 6,437, of August 20, 1977, and 9,784, of January 29, 1999, apply to the administrative procedure referred to in this Chapter.
The procedure for investigating irregularities in a governmental and non-governmental entity that provides assistance to the elderly will begin with a reasoned petition by an interested person or an initiative of the Public Ministry.
If there is a serious reason, the judicial authority, after hearing the Public Prosecutor’s Office, will be able to decree the provisional removal of the head of the entity or other measures deemed appropriate, to prevent damage to the rights of the elderly, by means of a reasoned decision.
The director of the entity will be summoned to, within 10 (ten) days, offer a written answer, being able to gather documents and indicate the evidence to produce.
Once the defense is presented, the judge will proceed in accordance with art. 69 or, if necessary, designate an instruction and trial hearing, deliberating on the need to produce other evidence.
Paragraph 1. Unless manifested in a hearing, the parties and the Public Prosecutor shall have 5 (five) days to offer final arguments, deciding the judicial authority within the same period.
Paragraph 2. In the case of provisional or permanent removal of the head of a government entity, the judicial authority shall officiate the administrative authority immediately superior to the removed person, establishing a period of 24 (twenty-four) hours to proceed with the replacement.
§ 3 Before applying any of the measures, the judicial authority may set a deadline for the removal of the irregularities found. Once the requirements are satisfied, the process will be extinguished, without judgment on the merits.
§ 4 The fine and warning will be imposed on the entity’s director or the person responsible for the assistance program.
Title V – Access to Justice
Chapter I – General Provisions
The summary procedure provided for in the Code of Civil Procedure applies, subsidiarily, to the provisions of this Chapter, in what does not contradict the terms provided for in this Law.
The Public Power may create specialized and exclusive sticks for the elderly.
Priority is given to the processing of processes and procedures and to the execution of judicial acts and procedures in which a person aged 60 or over is present as a party or intervener, in any instance.
§ 1 The person interested in obtaining the priority referred to in this article, proving his age, shall request the benefit of the competent judicial authority to decide the deed, which will determine the measures to be complied with, noting this circumstance in a visible place in the records of the process.
§ 2 The priority will not cease with the death of the beneficiary, extending in favor of the superstitious spouse, partner or partner, with stable union, over 60 (sixty) years.
§ 3 The priority extends to the processes and procedures in the Public Administration, companies providing public services and financial institutions, to preferential service with the Public Defender of the Union, the States and the Federal District in relation to the Legal Assistance Services.
§ 4 For priority assistance, the elderly will be guaranteed easy access to seats and boxes, identified with the destination for the elderly in a visible place and legible characters.
Chapter II – The Public Ministry
The functions of the Public Prosecution Service, provided for in this Law, will be exercised under the terms of the respective Organic Law.
It is incumbent upon the Public Prosecution Service:
I – to initiate a civil investigation and public civil action for the protection of diffuse or collective rights and interests, unavailable individuals and homogeneous individuals of the elderly;
II – promote and monitor food actions, of total or partial interdiction, of designating a special curator, in circumstances that justify the measure and officiate in all actions in which the rights of elderly people at risk are discussed;
III – act as a procedural substitute for the elderly at risk, in accordance with the provisions of art. 43 of this Law;
IV – promote the revocation of a proxy instrument for the elderly, in the cases provided for in art. 43 of this Law, when necessary or the public interest justifies;
V – institute administrative procedure and, to instruct him:
a) issue notifications, collect testimonies or clarifications and, in case of unjustified non-attendance of the notified person, request coercive driving, including by the Civil or Military Police;
b) request information, examinations, expertise and documents from municipal, state and federal authorities, from the direct and indirect administration, as well as promote inspections and investigative procedures;
c) request information and private documents from private institutions;
VI – to initiate investigations, request investigative investigations and the initiation of a police investigation, for the investigation of illicit acts or violations of the rules for the protection of the elderly;
VII – ensure the effective respect for the legal rights and guarantees assured to the elderly, promoting the appropriate judicial and extrajudicial measures;
VIII – inspect public and private service entities and the programs covered by this Law, promptly adopting the administrative or judicial measures necessary to remove irregularities that may have been found;
IX – requesting police force, as well as the collaboration of public health, educational and social assistance services, to carry out their duties;
X – endorse transactions involving the interests and rights of the elderly provided for in this Law.
Paragraph 1. The legitimacy of the Public Prosecutor’s Office for civil actions provided for in this article does not prevent third parties, in the same cases, according to the law.
§ 2 The attributions contained in this article do not exclude others, as long as they are compatible with the purpose and attributions of the Public Ministry.
§ 3 The representative of the Public Prosecutor’s Office, in the exercise of his functions, shall have free access to any entity providing assistance to the elderly.
In the processes and procedures to which you are not a party, the Public Prosecutor’s Office will obligatorily act in defense of the rights and interests covered by this Law, in which case you will have a look at the records after the parties, being able to gather documents, request diligences and produce other evidence, using the appropriate resources.
The summons of the Public Ministry, in any case, will be made in person.
The lack of intervention by the Public Ministry results in the nullity of the deed, which will be declared ex officio by the judge or at the request of any interested party.
Chapter III – Judicial Protection of Diffuse, Collective and Individual Interests Unavailable or Homogeneous
The procedural manifestations of the representative of the Public Ministry must be substantiated.
The actions of responsibility for offending the rights guaranteed to the elderly, regarding the omission or unsatisfactory offer of:
I – access to health actions and services are governed by the provisions of this Law ;
II – specialized care for the elderly with disabilities or with disabling limitations;
III – specialized care for the elderly with an infectious and contagious disease;
IV – social assistance service aiming at the protection of the elderly.
Single paragraph. The assumptions provided for in this article do not exclude from judicial protection other diffuse, collective, individual interests that are unavailable or homogeneous, proper to the elderly, protected by law.
The actions provided for in this Chapter will be proposed in the jurisdiction of the elderly person’s home, whose judgment will have absolute competence to process the case, except for the competences of the Federal Justice and the original competence of the Superior Courts.
For civil actions based on diffuse, collective, individual interests that are unavailable or homogeneous, the following are considered legitimate:
I – the Public Ministry;
II – the Union, the States, the Federal District and the Municipalities;
III – the Brazilian Bar Association;
IV – associations legally constituted for at least 1 (one) year and which include, among institutional purposes, the defense of the interests and rights of the elderly person, without the authorization of the assembly, if there is prior statutory authorization.
§ 1 Optional litisconsortium between the Public Ministries of the Union and the States will be admitted in the defense of the interests and rights covered by this Law.
Paragraph 2. In case of withdrawal or abandonment of the action by a legitimate association, the Public Prosecutor’s Office or another legitimate party shall assume active ownership.
To defend the interests and rights protected by this Law, all pertinent types of action are admissible.
Single paragraph. Against illegal or abusive acts of public authority or legal entity agent in the exercise of powers of the Public Power, which violate a net and certain right provided for in this Law, mandatory action may be taken, which will be governed by the rules of the writ of mandamus.
In the action that has as object the fulfillment of the obligation to do or not to do, the judge will grant specific protection of the obligation or determine measures that ensure the practical result equivalent to the performance.
Paragraph 1. If the basis of the claim is relevant and if there is a justified fear of ineffectiveness of the final provision, it is lawful for the judge to grant tutelage as a preliminary injunction or after prior justification, pursuant to art. 273 of the Civil Procedure Code.
Paragraph 2. The judge may, in the case of paragraph 1 or in the sentence, impose a daily fine on the defendant, regardless of the plaintiff’s request, if it is sufficient or compatible with the obligation, setting a reasonable period for the fulfillment of the precept.
§ 3 The fine will only be payable to the defendant after the final sentence of the sentence in favor of the plaintiff is final, but it will be due from the day it was configured.
The amounts of the fines provided for in this Law will revert to the Elderly Fund, where there is, or failing this, the Municipal Social Assistance Fund, being linked to the elderly care.
Single paragraph. Fines not collected up to 30 (thirty) days after the decision has become res judicata will be demanded through enforcement carried out by the Public Prosecutor’s Office, in the same case records, provided the same initiative to the others legitimate in case of inertia.
The judge may give suspensive effect to the appeals, to avoid irreparable damage to the party.
Once the sentence that imposes a condemnation on the Public Power has become final, the judge will determine the referral of pieces to the competent authority, to determine the civil and administrative liability of the agent to whom the action or omission is attributed.
After 60 (sixty) days of unappealable transit of the condemnatory sentence favorable to the elderly without the plaintiff’s execution, the Public Prosecutor’s Office must do so, with the same initiative as the other legitimates, as assistants or assuming the active role, in case of inertia of that organ.
In the actions covered by this Chapter, there will be no advance payment of costs, fees, expert fees and any other expenses.
Single paragraph. Succumbence to the Public Prosecution Service will not be
Anyone can, and the public servant must, provoke the Public Prosecutor’s initiative, providing him with information about the facts that are the subject of a civil action and indicating the elements of conviction.
Public agents in general, judges and courts, in the exercise of their functions, when they become aware of facts that may constitute a crime of public action against the elderly or give rise to the filing of an action for their defense, must forward the pertinent documents to the Public Ministry, for the appropriate measures.
To instruct the initial petition, the interested party may request from the competent authorities the certificates and information he deems necessary, which will be provided within 10 (ten) days.
The Public Prosecution Service may initiate, under its presidency, a civil investigation, or request, from any person, public or private body, certificates, information, examinations or expertise, within the term indicated, which cannot be less than 10 (ten) days.
§ 1 If the Public Prosecutor’s Office, after all due diligence has been exhausted, becomes convinced that there is no basis for filing the civil action or information pieces, it will determine its filing, doing so reasonably.
Paragraph 2. The records of the civil investigation or the pieces of information filed will be sent, under penalty of serious misconduct, within 3 (three) days, to the Superior Council of the Public Ministry or to the Coordination and Review Chamber of the Public Ministry .
§ 3 Until the filing is approved or rejected, by the Superior Council of the Public Ministry or by the Coordination and Review Chamber of the Public Ministry, the legitimate associations may present written reasons or documents, which will be attached or attached to the information pieces.
§ 4 If the Superior Council or the Coordination and Review Chamber of the Public Prosecutor fails to ratify the archival promotion, another member of the Public Prosecutor will be appointed to file the lawsuit.
Title VI – Crimes
Chapter I – General Provisions
The provisions of Law No. 7,347, of July 24, 1985, are applied subsidiarily, as applicable.
To the crimes foreseen in this Law, the maximum penalty of deprivation of liberty does not exceed 4 (four) years, the procedure provided for in Law No. 9,099, of September 26, 1995, and, alternatively, as applicable, the provisions of the Code And the Code of Criminal Procedure.
Chapter II – Crimes in Kind
The crimes defined in this Law are of unconditional public criminal action, and arts. 181 and 182 of the Penal Code.
Discriminate elderly people, preventing or hindering their access to banking operations, means of transport, the right to hire or any other means or instrument necessary for the exercise of citizenship, for reasons of age:
Penalty – imprisonment of 6 (six) months from 1 (one) year and a fine.
Paragraph 1. The same penalty applies to those who disdain, humiliate, disparage or discriminate against the elderly, for any reason.
§ 2 The penalty will be increased by 1/3 (one third) if the victim is under the care or responsibility of the agent.
Failing to provide assistance to the elderly, when possible, without personal risk, in situations of imminent danger, or refusing, delaying or hindering their health care, without just cause, or not, in these cases, asking for the help of public authority:
Penalty – detention from 6 (six) months to 1 (one) year and a fine.
Single paragraph. The penalty is increased by half, if the omission results in a serious bodily injury, and tripled if death results.
Abandoning the elderly in hospitals, health homes, long-term entities, or the like, or failing to provide for their basic needs, when required by law or mandate:
Penalty – imprisonment from 6 (six) months to 3 (three) years and a fine.
Exposing the integrity and health, physical or psychological, of the elderly to danger, subjecting them to inhuman or degrading conditions or depriving them of essential food and care, when obliged to do so, or subjecting them to excessive or inadequate work :
Penalty – imprisonment from 2 (two) months to 1 (one) year and a fine.
§ 1 If serious bodily injury results from the fact:
Penalty – imprisonment from 1 (one) to 4 (four) years.
§ 2 If death results:
Penalty – imprisonment from 4 (four) to 12 (twelve) years.
It is a crime punishable by imprisonment from 6 (six) months to 1 (one) year and a fine:
I – impeding someone’s access to any public office due to age;
II – deny someone, due to age, job or work;
III – refuse, delay or hinder care or fail to provide health care, without cause, to the elderly person;
IV – fail to comply, delay or frustrate, without just cause, the execution of a judicial order issued in the civil action referred to in this Law;
V – refuse, delay or omit technical data essential to the filing of the civil action object of this Law, when requested by the Public Ministry.
Failure to comply, delay or frustrate, without just cause, the execution of a judicial order issued in actions in which the elderly person is a party or intervener:
Penalty – detention from 6 (six) months to 1 (one) year and a fine.
Appropriate or embezzle assets, earnings, pension or any other income of the elderly, giving them different application from that of their purpose:
Penalty – imprisonment from 1 (one) to 4 (four) years and a fine.
Deny the reception or permanence of the elderly person, as sheltered, due to his refusal to grant power of attorney to the service entity:
Penalty – detention from 6 (six) months to 1 (one) year and a fine.
Retain the magnetic bank account card related to the elderly person’s benefits, earnings or pension, as well as any other document in order to ensure receipt or reimbursement of debt:
Penalty – detention from 6 (six) months to 2 (two) years and a fine.
To display or convey, by any means of communication, derogatory or injurious information or images to the elderly person:
Penalty – imprisonment from 1 (one) to 3 (three) years and a fine.
Induce an elderly person without discerning their actions to grant a power of attorney for the purpose of administering assets or to freely dispose of them:
Penalty – imprisonment from 2 (two) to 4 (four) years.
In any case, coerce the elderly person to donate, hire, test or grant power of attorney:
Penalty – imprisonment of 2 (two) to 5 (five) years.
Draw up a notarial act involving an elderly person without discerning their acts, without due legal representation:
Penalty – imprisonment for 2 (two) to 4 (four) years.
Title VII – Final and Transitional Provisions
Prevent or hinder the act of the representative of the Public Ministry or any other inspection agent:
Penalty – imprisonment from 6 (six) months to 1 (one) year and a fine.
Decree-Law No. 2,848, of December 7, 1940, Penal Code, comes into force with the following changes:
“Art. 61. ……………….. ……
II – ……………. ……….
h) against a child, over 60 (sixty) years old, sick or pregnant woman;
” Art. 121. ………. …………….
§ 4 In manslaughter, the penalty is increased by 1/3 (one third), if the crime results from non-observance of a technical rule of profession, art or craft, or if the agent stops providing immediate assistance to the victim, does not seek to reduce consequences of his act, or flees to avoid arrest in the act. If the homicide is intentional, the penalty is increased by 1/3 (one third) if the crime is committed against a person under 14 (fourteen) or over 60 (sixty) years.
” Art. 133. ……………………..
§ 3 ……………………..
III – if the victim is over 60 (sixty) years old. “(NR)
” Art. 140. ……………………..
§ 3 If the injury consists in the use of elements referring to race, color, ethnicity, religion, origin or the condition of an elderly person or person with a disability:
……………… …….. (NR)
“Art. 141. ……………………..
IV – against a person over 60 (sixty) years old or with a disability, except in the case of injury.
………. …………….. “(NR)
” Art. 148. …………………… ..
§ 1st ……………….. ……
I – if the victim is ascendant, descendant, agent’s spouse or over 60 (sixty) years old
…………………. …. “(NR)
” Art. 159 ……………………..
§ 1 If the kidnapping lasts more than 24 (twenty four) hours, if the kidnapped is under 18 ( eighteen) or over 60 (sixty) years, or if the crime is committed by gang or gang.
” Art. 183 ……………………..
III – if the crime is committed against a person aged 60 or over (sixty) years. “(NR)
“Art. 244. Failing, without just cause, to provide for the subsistence of the spouse, or of a child under 18 (eighteen) years or unfit for work, or an invalid ascendant or over 60 (sixty) years, not providing them the necessary resources or missing the payment of alimony legally agreed, fixed or increased; failing, without just cause, to help descendant or ascendant, seriously ill:
……………… …….. “(NR)
OO art. 21 of Decree-Law No. 3,688, of October 3, 1941, Law of Criminal Misdemeanors, comes into force plus the following single paragraph:
“Art. 21 …………….. ………
Sole paragraph: The penalty of 1/3 (one third) is increased ) up to half if the victim is over 60 (sixty) years old. ” (NR)
Paragraph II of § 4 of art. 1 of Law 9455, of April 7, 1997, becomes effective with the following wording:
“Art. 1st ……………………. .
§ 4 ………………… …..
II – if the crime is committed against a child, pregnant woman, disabled person, adolescent or over 60 (sixty) years old;
………………. ……. “(NR)
Item III of art. 18 of Law 6,368, of October 21, 1976, becomes effective with the following wording:
“Art. 18 ……………………. .
III – if any of them during association or aimed at children under 21 (twenty-one) years or the person aged 60 or over (sixty) years or who have, for any reason, diminished or suppressed the capacity for discernment or self-determination:
………………. ……. “(NR)
Article 1 of Law No. 10,048, of November 8, 2000, comes into force with the following wording:
“Art. 1 Persons with disabilities, the elderly aged 60 (sixty) years or more, pregnant women, lactating women and people accompanied by infants will have priority care, under the terms of this Law. ” (NR)
The Social Security Budget will allocate the necessary resources to the National Fund for Social Assistance, until the National Fund for the Elderly, in each financial year, for application in programs and actions related to the elderly.
Data on the elderly population of the country will be included in demographic censuses.
The Executive Branch will forward a bill to the National Congress revising the criteria for granting the Continuous Payment Benefit provided for in the Organic Law on Social Assistance, in order to ensure that access to the right is consistent with the socio-economic development stage reached by the country .
This Law comes into force 90 (ninety) days after its publication, except for the provisions of the caput of art. 36, which will be effective as of January 1, 2004.