“Geriatela”: um fomento à “adoção de idosos” no Brasil

Abstract

This academic work aims to present the legal (im) possibility of the “adoption of the elderly” in Brazil, with a focus on the creation of new legal institutes that regulate the placement in a substitute family as a protective measure. To this end, the elderly person is conceptualized as being over 60 years of age, with the proviso that the age criterion is not the only indicator of aging. The demographic aspects related to the projections of the longevity of the Brazilian population are pointed out, which estimate that the number of elderly people tends to exceed those of young people. The legal frameworks elderly’s rights are listed in the national law, focusing on constitutional and statutory guarantees, which stipulate that the family, the State and society have a duty to provide protection and assistance to the elderly. It is established that kinship relationships are established by consanguinity, affinity and socio-affective bonds. The bills that deal with the legitimacy of the expansion of the adoption institute to the elderly are analyzed, considering the specificities and other needs. Finally, it is concluded that the promotion of care and welcoming to this age group is of paramount importance, given that they are protected by the premise of primacy, so that the implementation of public policies that contemplate them, with opportunity of a dignified life, followed by an active aging. Thus, the legal and doctrinal construction of a new institute, analogous to adoption and aimed at the elderly, that offers them shelter and security, and has a designation to differentiate it from other measures already existing in Brazilian legislation: the Geriatela.