A INEFICIÊNCIA DAS POLÍTICAS PÚBLICAS VOLTADAS AO IDOSO E A ADOÇÃO COMO ALTERNATIVA AO ABANDONO DELES

THE INEFFICIENCY OF PUBLIC POLICIES AIMED AT THE ELDERLY AND THE ADOPTION AS AN ALTERNATIVE TO THEIR ABANDONMENT

  • Frederico Thales de Araújo Martos Faculdade de Direito de Franca
  • José Antonio de Faria Matos Faculdade de Direito de Franca
DOI: https://doi.org/10.21671/rdufms.v8i1.17714

Abstract

The increase in life expectancy has reconfigured society, leading it to a more cautious look at aging and old age, as they bring with them a process of vulnerability for elderly subjects, due to physical, psychological, cultural, and social changes. The State, society, and the family have the duty to protect these people. The State, through public policies, is unable to protect and meet every demand that involves the elderly, leaving the family and society with the duty of work. However, when the family evades such an obligation, the vulnerability of the elderly person is accentuated which is called abandonment. The Elderly Statute provides the possibility of placing the elderly in a surrogate family in some of these cases, as a path to ensure better living conditions for these elderly through social and family integration. The coexistence between the elderly and the surrogate family can create affective bonds and, depending on the case, a true adoption relationship. Therefore, the aim of this article is to demonstrate the inefficiency of public policies aimed at these people, which leads to the discussion of alternatives in the face of their vulnerability, in cases of abandonment, as well as to discuss the adoption of the elderly and the positioning of the Judiciary in the face of such a claim. To achieve this purpose, it starts from a methodology with a qualitative approach, deductive method and bibliographic technique, researching the national doctrine, as well as documentary, when observing the norms that deal with the care of the elderly. By the end, it is expected to conclude whether the placement of the elderly in the family replaces especially with the adoption of the elderly, gives rise to an alternative that will allow the elderly to enjoy the rights established by the Federal Constitution, the Elderly Statute and other laws that protect this public.

Author Biographies

Frederico Thales de Araújo Martos, Faculdade de Direito de Franca

Doutor em Direito pela FADISP. Professor Titular de Direito Civil na Universidade do Estado de Minas Gerais e Faculdade de Direito de Franca. Diretor Científico do IBDFAM/Franca. Advogado.

José Antonio de Faria Matos, Faculdade de Direito de Franca

Doutor em Direito pela FADISP. Doutor em Ciências Jurídicas e Sociais pela Universidade Del Museo Social Argentino. Mestre em Direito pela Universidade de Ribeirão Preto. Professor titular da Faculdade de Direito de Franca (FDF). Advogado.

Published
2023-03-03
Issue
Vol 8 No 1 (2022): Revista Direito UFMS
Section
Artigos

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