BRIEF CONSIDERATIONS ON THE IMPORTANCE OF COMPARING THE STATUTES OF ELDERLY PERSONS IN LATIN AMERICA

Abstract

The increasing elderly population worldwide, with emphasis on the situation in Brazil and other Latin American countries, suggests an urgent need for laws to protect the elderly population in these regions. Comparative Law has been instrumental in the development of various legal frameworks aimed at protecting the elderly. This article briefly demonstrates the frequent use of Comparative Law in the present day, highlighting the importance of using this tool appropriately. The deductive method was used to support this work, based on a review of scientific articles, legal documents such as the Federal Constitution and formal laws that supported the creation of Statutes of the Elderly. Scientific articles by Carlos Bastide Horbach (2015), Delcio Antônio Agliardi (2015), and Paulo Silas Taporosky Filho and Larissa Tomazoni (2018) provided significant support for the arguments presented in this work. These articles demonstrate that the correct application of Comparative Law requires a methodological approach to the subject. Although Brazil has one of the most advanced legislations in the world regarding the elderly, it has not yet managed to universalize access to fundamental rights for this population group. In Latin American countries, there are laws that still lack effective application. A comparison of the different Statutes of the Elderly in Latin America allows for the identification of good practices and the improvement of public policies to guarantee the rights of the elderly population.