DIREITOS FUNDAMENTAIS DA PESSOA IDOSA COM A ÉGIDE DO ESTATUDO DA PESSOA IDOSA NO BRASIL

Abstract

The realization of the rights of the elderly has gained great impetus in the national legal system with the entry into force of the so-called Statute of the Elderly. It is worth noting the effectiveness of the so-called rights inherent to the individual as an international individual, as set forth in the Universal Declaration of Human Rights, and the right to education can be listed, also provided for in the Brazilian Federal Constitution of 1998, article 205. This right is considered as an integral part of the human dignity foreseen also in the constitutional charters of several international states signatory of said Declaration.In turn, the Federative Constitution of Brazil has as one of its principles to ensure the dignity of the human person, equality to all citizens living in its territory, as well as the right to education for all and protection and equal status of person the elderly. Following this premise, it is necessary to determine whether the Statute of the Elderly assures the person aged 60 or over (Sixty) the right to higher education, as well as the priority in educational policy programs for the elderly, and even if the judiciary when provoked.