IDOSOS EM SITUAÇÃO DE RUA: a ineficácia dos direitos humanos e das garantias constitucionais e infraconstitucionais ante a insuficiência de políticas públicas no Brasil

Abstract

This paper deals with the legal aspects of the rights of the elderly, especially those in street situations who are vulnerable and end up depending on public policies as an outlet for a minimally worthy survival. The increase in world life expectancy has had a direct impact on government systems and how society is treated, since the need to contemplate these individuals is no longer a question of the future but a present. Of course, the homeless also grow older and become even more victims of an economic model that does not prioritize the elderly, leaving it to the margin of society, with no expectation of quality of life. Alcohol, drugs, loss of family ties, economic situation, mental illness, are some of the examples that we find in the street dwellers for the situation in which they are. So, more than understanding the factors that led these citizens to seek the public way as housing, it is necessary to know what to do with the reality of these residents, how to prepare and prevent society for that situation, applying the existing laws and guidelines. So we must analyze how the law is able to guarantee the elderly measures that guarantee a greater life expectancy allied to the quality of life. Article 6 of the Constitution of the Federative Republic of Brazil, dated October 5, 1988, provides that the rights of the citizen are: education, health, food, work, housing, transportation, leisure, social security, protection of motherhood and childhood, assistance to the homeless. In this sense, this work aims to analyze the constitutional guarantees and to understand why the basic rights of the citizen, whether he is in a street situation or not, often runs into bureaucratic and timeconsuming processes, failing to fulfill his normative role.