VULNERABILIDADE DA PESSOA IDOSA E ATOS DE ALIENAÇÃO: CONJECTURAS PARA O DESENVOLVIMENTO DE UMA PROTEÇÃO ESPECÍFICA

Abstract

The increase in the longevity of Brazilians has brought, among other aspects that influence their quality of life, discussions about whether the State is prepared (or not) to deal with the changes resulting from the rise in violations of the rights of older people. In this context, it is necessary to highlight acts of alienation against older people, also known as reverse alienation, and how to address and prevent them. Currently, the predominant legal solution for such cases is the analogous application of Law No. 12,318/2010, which deals with parental alienation. However, in this paper, due to the different situations of vulnerability to which older people are exposed, it is argued that a specific protection for this social group is necessary. Thus, the aim is to discuss how the difficulties experienced by older people, such as ageism, lead to other types of alienation acts different from those suffered by children and adolescents. Therefore, the creation of specific legislation for cases of alienation against older people is advocated as a promising, though limited, strategy to ensure rights and prevent acts of alienation committed against this segment of the population.