A hipervulnerabilidade da pessoa idosa como causa da violência

Abstract

This study aims to analyze the violence against the elderly person in João Pessoa, Brazil, identifying the different forms of violence perpetrated and the main aggressors, with the purpose of identifying the victim as hypervulnerable and evaluate which is the most effective method to protect the elderly person. It is based on an examination of the Maria da Penha Law and The Statute of the Elderly, infra-constitutional norms that guarantee rights, respectively, for women victims of domestic violence and for the elderly people in Brazil, recognized as vulnerable by the Brazilian Federal Constitution. Furthermore, it was performed an analysis of some reports made at the Specialized Police Station of the Elderly in this city, with the intention of searching for similarities among them, in order that it could be identified the outline of the aggressions, the kinship between the aggressor and the victim and the location of the occurrence, intending to spot the fragility of the elderly before their aggressors and, associated with their vulnerable condition recognized by the Magna Carta, consider them as hypervulnerable. When gauging the protective measures foreseen in the Statute of the Elderly, it is realized that they are not effective in the protection of the victims of violence, mainly in comparison with the protective measures established in the Maria da Penha Law. That way, it became clear that the measures of the Maria da Penha Law are effective and efficient to protect victims of violence, although it can only be applied to women, leaving the elderly gentlemen at the mercy of their aggressors. For that reason, it is necessary to analyze the need to extend the applicability of the urgent protective measures, as foreseen by Law, in order to protect also the elderly victim of domestic violence, who is fragile and cannot defend himself of the aggressions, requiring the protection of the State to have a more dignified life without violence.