the Public Prosecutors Office for the protection of the rights of the elderly / O ministério público e a tutela dos direitos dos idosos

AUTOR(ES)

Robson Renault Godinho

DATA DE PUBLICAÇÃO

2005

RESUMO

Abstract This work studies the legitimacy of the Public Prosecutors Office for the protection of the rights of the elderly. The Public Prosecutors Office, especially after the Federal Constitution of 1988, performs a major role in the Rule of Law, being a legitimate protector of socially relevant rights. The recent publication of the Statute of the Elderly, besides constituting an important legislative instrument for the defense of an underprotected social group, symbolically increased the importance of the Public Prosecutors Office in enforcing the rights of the elderly. The prominent role of the Public Prosecutors Office in enforcing rights, the scarce scientific production and the current relevance of this topic in virtue of recent legislative changes justify the present study. The research starts by examining the legal protection of the elderly in history, in comparative rights and particularly in the Brazilian legislation; then, the current profile of the Public Prosecutors Office is examined, emphasizing the extra juridical instruments available for the enforcement of the rights of the citizens in general and the elderly in particular. The following chapters are devoted to examining possible juridical actions of the Public Prosecutors Office in defending individual as well as collective rights of the elderly. Throughout the study, besides doctrinal and statistical material, there is extensive critical reference to jurisprudence, as well as to data, collected by the author, concerning the internal operation of some State Public Prosecutors Offices. The research revealed that the elderly constitute a group that deserves specific legislative protection and that the Public Prosecutors Office has effective means for protecting their rights, from both juridical and extrajuridical points of view, with well-attested results. It also revealed that constant specialization and a better equipment of the institution are necessary for improving its constitutional function.

ASSUNTO(S)

idoso legitimidade ministério público idosos - estatuto legal, leis, etc elderly public prosecutors office acesso à justica direito processual civil

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