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Law No. 10741, October 1, 2003

Original Language Title: Lei nº 10.741, de 1º de Outubro de 2003

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LEI No. 10,741, DE 1º OF OCTOBER OF 2003.

Has it on the Statute of Idoso and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC I do know that the National Congress decrees and I sanction the following Law:

Ttitle I

Preliminary Provisions

Art. 1º The Statute of the Yemen is hereby established, intended to regulate the rights guaranteed to persons aged equal to or higher than 60 (sixty) years.

Art. 2º The elderly shall enjoy all the fundamental rights inherent in the human person, without prejudice to the protection integral that it treats this Act, by assuring you, by law or by other means, all opportunities and facilities, for the preservation of your physical and mental health and its moral, intellectual, spiritual and social improvement, under conditions of freedom and dignity.

Art. 3º It is the obligation of the family, the community, society and the Public Power to assure the elderly, with absolute priority, the effectiveness of the right to life, health, food, education, culture, sport, leisure, work, citizenship, freedom, dignity, respect and family and community coexistence.

Single Paragraph. The priority guarantee comprises:

I-immediate and individualized preferential care together with public and private bodies providers of services to the population ;

II-preference in formulating and executing specific public social policies ;

III-privileged destination of public resources in the areas related to the elderly protection ;

IV-viabilization of alternative forms of participation, occupation and convivial of the elderly with the other generations ;

V-prioritization of the elderly care by their own family, to the detriment of asilar care, except those who do not possess it or lack the conditions of maintaining their own survival ;

VI-empowerment and recycling of human resources in the areas of geriatrics and gerontology and in the provision of services to the elderly ;

VII-establishment of mechanisms that favor the dissemination of information of educational character on the biopsychosocial aspects of aging ;

VIII-guarantee of access to the local health and social services network.

Art. 4º No elderly man will be the subject of any kind of neglect, discrimination, violence, cruelty or oppression, and every attack on your rights, by action or omission, will be punished in the form of the law.

§ 1º It is the duty of all to prevent the threat or violation of the rights of the elderly.

§ 2º The obligations laid down in this Act do not exclude from the other prevention arising from the principles adopted by it.

Art. 5º The non-compliance with prevention standards will impose on the physical or legal person liability in accordance with the law.

Art. 6º Every citizen has a duty to communicate to the competent authority any form of violation of this Act that you have witnessed or that you have knowledge of.

Art. 7º The National Councils, State, of the Federal District and Idoso Municipal Municipal, provided for in Law No. 8,842, of January 4, 1994, shall ensure compliance with the rights of the elderly, defined in this Act.

Ttitle II

Of Fundamental Rights

CHAPTER I

From Right to Life

Art. 8º ageing is a personal right and its protection a social right, under this Law and the legislation in force.

Art. 9º It is the obligation of the state, to assure the elderly person the protection of life and health, upon effector effective public social policies that allow for healthy ageing and in conditions of dignity.

CHAPTER II

From the Right to Freedom, to Resbreast and Dignity

Art. 10. It is the obligation of the state and society, to assure the elderly person of freedom, respect and dignity, as a human person and subject of civil, political, individual and social rights, guaranteed in the Constitution and in laws.

§ 1º The right to freedom comprises, among others, the following aspects:

I-faculty to go, come and be in public lograders and community spaces, ressaved legal restrictions ;

II-opinion and expression ;

III-belief and religious worship ;

IV-practice of sports and amusements ;

V-participation in family and community life ;

VI-participation in political life in the form of law ;

VII-faculty of seeking refuge, aid and guidance.

§ 2º The right to respect consists in the inviolability of physical, psychic and moral integrity, covering the preservation of the image, identity, autonomy, values, ideas and beliefs, of spaces and of the personal objects.

§ 3º It is the duty of all to care for the dignity of the elderly, putting it safe from any inhuman, violent, terrifying, vexatory or embarrassing treatment.

CHAPTER III

Of Foods

Art. 11. Food will be provided to the elderly in the form of civil law.

Art. 12. The food obligation is sympathetic, and the elderly may choose between providers.

Art. 13. Food transactions will be able to be concluded before the Prosecutor of Justice, which will have them referendum, and will have an extrajudicial executive title effect under the civil procedural law.

Art. 14. If the elderly or their family members do not possess economic conditions to provide for their livelihood, it is necessary for the Public Power to provide such a development within the framework of social assistance.

CHAPTER IV

From the Right to Health

Art. 15. Full attention is assured to the health of the elderly, through the Single Health System-SUS, guaranteeing you universal and egalitarian access, in articulated and continuous set of actions and services, for prevention, promotion, protection and recovery of health, including special attention to diseases that would preferably affect the elderly.

§ 1º The prevention and maintenance of optimal health will be effective through:

I-cadastration of the elderly population on a territorial basis ;

II-geriatric and gerontological care in ambulatories ;

III-geriatric reference units, with personnel specializing in the areas of geriatrics and social gerontology ;

IV-home care, including the internation, for the population that it needs and is unable to locomotion, including for seniors sheltered and welcomed by public institutions, philanthropic or non-profit and eventually conveniently convenienced with the Public Power, in the urban and rural means ;

V-rehabilitation driven by geriatrics and gerontology, for reduction of the sequels arising from the worsening of health.

§ 2º It is incumbent on the Public Power to provide the elderly, free of charge, medicines, especially those of continued use, as well as prostheses, ortheses and other resources concerning the treatment, habilitation or rehab.

§ 3º It is vetoed the discrimination of the elderly in health plans by the collection of differentiated values on the grounds of age.

§ 4º The elderly persons with disabilities or with crippling limitation will have specialized care, under the law.

Art. 16. To the elderly admitted or under observation is guaranteed the right to accompany, and the health organ must provide the appropriate conditions for their stay in full time, according to the medical criterion.

Single Paragraph. It will be up to the health professional responsible for the treatment to grant authorisation for the monitoring of the elderly or, in the event of impossibility, to justify it in writing.

Art. 17. To the elderly you are in the realm of your mental faculties is assured the right to opt for health care that is reputed to you most favourably.

Single Paragraph. Not being the elderly in a condition to proceed to the option, this will be done:

I-by the curator, when the elderly person is interdicted ;

II-by family members, when the elderly man has no curator or this one cannot be contacted in a timely manner ;

III-by the physician, when there is imminent risk of life and there is no skilful time for consultation with curator or family ;

IV-by the doctor himself, when there is no known curator or familiar, in which case it should communicate the fact to the Public Prosecutor's Office.

Art. 18. Health institutions must meet the minimum criteria for care for the needs of the elderly, promoting the training and empowerment of professionals, as well as guidance to family caregivers and self-help groups.

Art. 19. Cases of suspicion or confirmation of ill-treatment against elderly will be compulsorily reported by the health professionals to any of the following organs:

I-police officer ;

II-Public prosecutor ;

III-Municipal Council of Yemen ;

IV-State Council of Yemen ;

V-National Council of Idoso.

CHAPTER V

From Education, Culture, Sport and Lazer

Art. 20. The elderly woman is entitled to education, culture, sport, leisure, amusements, spectacles, products and services that respect his peculiar age condition.

Art. 21. The Public Power will create opportunities for elderly access to education, aden curricula, methodologies and didactic material to the educational programs it is intended for.

§ 1º Special courses for seniors will include content concerning communication, computing and other technological advances, for their integration to modern life.

§ 2º The elderly will participate in the commemorations of civic or cultural character, for the transmission of knowledge and experience to the other generations, in the sense of the preservation of memory and identity cultural

Art. 22. Within the minimum curricula of the various levels of formal education will be inserted content to the ageing process, respect and valorisation of the elderly, so as to eliminate prejudice and to produce knowledge on the subject.

Art. 23. The participation of seniors in cultural and leisure activities will be provided upon discounts of at least 50% (fifty per cent) in the tickets for artistic, cultural, sports and leisure events, as well as preferential access to the respective locations.

Art. 24. The media will maintain special spaces or schedules facing the elderly, with informative, educational, artistic and cultural purpose, and the public about the ageing process.

Art. 25. The Public Power will support open university creation for the elderly and encourage the publication of books and periodicals, of content and editorial standard suitable to the elderly, which facilitate reading, considered the natural reduction in capacity visual.

CHAPTER VI

From Professionalization and Work

Art. 26. The elderly man is entitled to the exercise of professional activity, respected his physical, intellectual and psychic conditions.

Art. 27. In the admission of the elderly in any job or employment, discrimination and maximum age limit fixation, including for contests, are vetoed, the cases in which the nature of the office requires it.

Single Paragraph. The first tie-up criterion in public tender will be age, giving preference to the higher age.

Art. 28. The Public Power will create and stimulate programs of:

I-specialized professionalization for the elderly, harnishing their potentials and skills for regular and paid activities ;

II-preparation of workers for retirement, at minimum notice of 1 (one) year, by means of stimulus to new social projects, as per their interests, and clarification on rights social and citizenship ;

III-stimulation to private companies for admission of seniors to work.

CHAPTER VII

From Social Security

Art. 29. The retirement and pension benefits of the General Social Welfare Regime will observe, in their concession, calculation criteria that preserve the real value of wages on which they have contributed, under the current legislation.

Single Paragraph. The values of the benefits in maintenance will be readjusted on the same date of readjustment of the minimum wage, pro rata, according to their respective start dates or their last readjustment, based on percentage defined in regulation, observed the criteria set out by Law No. 8,213 of July 24, 1991.

Art. 30. The loss of the insured condition will not be considered for the granting of retirement by age, provided that the person counts with, at the minimum, the contribution time corresponding to the required for deficiency effect on the date of application of the benefit.

Single Paragraph. The calculation of the benefit value predicted in the caput will observe the provisions of the caput and § 2º of the art. 3º of Law No. 9,876 of November 26, 1999, or, there being no salaries-of-contribution collected from the jurisdiction of July 1994, the provisions of the art. 35 of Law No. 8,213, 1991.

Art. 31. Payment of instalments relative to benefits, being delayed by Social Security responsibility, will be updated by the same index used for the re-adjustments of the benefits of the General Social Security Regime, verified in the period between the month that should have been paid and the month of the actual payment.

Art. 32. The World Work Day, 1º May, is the basic date of retirees and pensioners.

CHAPTER VIII

From Social Assistance

Art. 33. Social assistance to the elderly will be provided, in an articulated manner, as per the principles and guidelines provided for in the Organic Law on Social Assistance, in the National Policy of Yemen, in the Single Health System and other relevant standards.

Art. 34. To the elderly, from 65 (sixty-five) years, who do not possess the means to provide for their livelihoods, nor to have it protested by their family, the monthly benefit of 1 (one) salaried-minimum, under the Organic Law of Social Assistance-is ensured. Loas.

Single Paragraph. The benefit already granted to any family member under the caput will not be computed for the purposes of the calculation of the household income per capita as referred to Loas.

Art. 35. All the long-stay entities, or home-home, are required to firm contract for the provision of services with the elderly person sheltered.

§ 1º In the case of philanthropic entities, or home-home, the collection of participation of the elderly in the customer of the entity is provided.

§ 2º The Municipal Council of the Yemen or the Municipal Council of Social Assistance shall establish the form of participation provided for in § 1º, which may not exceed 70% (seventy-one per cent) of any benefit previdence or social assistance perceived by the elderly.

§ 3º If the elderly person is unable, it shall be for their legal representative to firm the contract to which the caput of this article refers.

Art. 36. The care of elderly people in social risk, by adult or family core, characterizes economic dependence, for legal effects.

CHAPTER IX

From Housing

Art. 37. The elderly woman is entitled to dignified housing, within the natural family or surrogate, or unaccompanied by his / her family members, when so wishes, or, yet, in public or private institution.

§ 1º The full assistance in the long-stay entity modality will be provided when there is no family group, home-home, abandonment or lack of own financial resources or of the family.

§ 2º Every institution dedicated to the elderly care is obliged to maintain visible external identification, under penalty of interdiction, in addition to meeting all relevant legislation.

§ 3º The institutions that shelter seniors are required to maintain housing standards compatible with their needs, as well as to prove them with regular food and hygiene indispensable to standards sanitary and with these cons, under the penalties of the law.

Art. 38. In housing programs, public or subsidized with public resources, the elderly enjoys priority in the acquisition of real estate for own housing, observed the following:

I-booking 3% (three per cent) of residential units for care for the elderly ;

II-implantation of community urban equipment aimed at the elderly ;

III-elimination of architectural and urbanistic barriers, for guarantee of accessibility to the elderly ;

IV-funding criteria compatible with retirement income and pension.

CHAPTER X

From Transport

Art. 39. To the largest of 65 (sixty-five) years is ensured free of charge of urban and semi-urban public collective transport, except in selective and special services, when provided in parallel to regular services.

§ 1º To have access to free of charge, it is sufficient for the elderly person to present any personal document that makes proof of his age.

§ 2º In the collective transport vehicles of which it treats this article, 10% (ten per cent) of the seats for seniors, duly identified with the reserved plate preferentially for the purposes of this article, will be booked. seniors.

§ 3º In the case of people understood in the age bracket between 60 (sixty) and 65 (sixty-five) years, it will be at the discretion of local legislation to have the conditions for exercise of gratuity in the means of transport provided in the caput of this article.

Art. 40. In the interstate collective transportation system it will observe, under the specific legislation:

I-the reservation of 2 (two) free vacancies per vehicle for seniors with income equal to or less than 2 (two) salaried-minimal ones ;

II-discount of 50% (fifty per cent), at the very least, in the value of passages, for seniors who exceed free vacancies, with income equal to or less than 2 (two) salaried-minimal.

Single Paragraph. It shall be for the competent bodies to define the mechanisms and criteria for the exercise of the rights provided for in incisos I and II.

Art. 41. The reservation is assured, for the elderly, under local law, 5% (five per cent) of the vacancies in the public and private parking lots, which should be positioned in such a way as to ensure the best amenity to the elderly.

Art. 42. Priority of the elderly in boarding in the collective transport system is ensured.

Title III

From Protection Measures

CHAPTER I

Das General Provisions

Art. 43. Optimal protection measures are applicable whenever the rights recognized in this Act are threatened or violated:

I-by action or omission of society or the state ;

II-for lack, omission or abuse of the family, curator or fulfillment entity ;

III-on the grounds of his personal condition.

CHAPTER II

Of Specific Protection Measures

Art. 44. The optimal protection measures provided for in this Act may be applied, isolated or cumulatively, and shall take into account the social purposes to which they are intended and the strengthening of family and community links.

Art. 45. Verified any of the hypotheses provided for in art. 43, the Public Prosecutor's Office or the Judiciary Power, on application of that one, may determine, among others, the following measures:

I-referral to the family or curator, upon term of responsibility ;

II-orientation, support and temporary follow-up ;

III-application for treatment of your health, in an outpatient, hospital or domiciliary regime ;

IV-inclusion in official or community program of aid, guidance and treatment to users dependent on lawful or illicit drugs, to the elderly or to the person of their coexistence that causes it perturbation ;

V-shelter in entity ;

VI-temporary shelter.

Title IV

From the Kindness Policy

CHAPTER I

General provisions

Art. 46. The policy of care for the elderly will be by means of the articulated set of government and non-governmental actions of the Union, States, the Federal District and the Municipalities.

Art. 47. These are action lines of the listening policy:

I-basic social policies, provided for in Law No. 8,842 of January 4, 1994 ;

II-policies and social assistance programs, in supper character, for those who need it ;

III-special prevention and care services for victims of neglect, ill-treatment, exploitation, abuse, cruelty and oppression ;

IV-service of identification and location of relatives or those responsible for elderly people abandoned in hospitals and long-stay institutions ;

V-legal protection-social by entities of the rights of the elderly ;

VI-mobilization of public opinion towards the participation of the diverse segments of society in the care of the elderly

CHAPTER II

Of The Care Entities to Yemen

Art. 48. The fulfillment entities are responsible for the maintenance of the units themselves, observed the planning and implementation standards emanating from the competent body of the National Policy of Idoso, as per Law No. 8,842 of 1994.

Single Paragraph. Government and non-governmental entities of elderly care stay subject to the enrollment of their programs, together with the competent organ of Health Surveillance and Municipal Council of the Elderly Person, and in its absence, together with the State Council or Nacional of the Elderly Person, specifying the fulfillment regimes, observed the following requirements:

I-offer physical facilities under suitable conditions of habitability, hygiene, salubrity and safety ;

II-present statutory objectives and work plan compliant with the principles of this Act ;

III-being regularly constituted ;

IV-demonstrate the idoneity of its leaders.

Art. 49. Entities that develop long-stay institutionalization programs will adopt the following principles:

I-preservation of family ties ;

II-personalized care and in small groups ;

III-maintenance of the elderly in the same institution, save in case of force majee;

IV-participation of the elderly in community activities, of internal and external character ;

V-observance of the rights and guarantees of the elderly ;

VI-preservation of the identity of the elderly and affordability of respect and dignity.

Single Paragraph. The manager of the elderly care institution will respond civil and criminally for the acts practising at the expense of the elderly, without prejudice to the administrative penalties.

Art. 50. They constitute obligations of the fulfillment entities:

I-enter into written contract of service delivery with the elderly, specifying the type of fulfillment, the obligations of the entity and benefits arising from the contract, with the respective prices if it is the case ;

II-observe the rights and guarantees that they hold seniors ;

III-provide proper clothing, if it is public, and sufficient food ;

IV-offer physical facilities under suitable habitability conditions ;

V-offer personalized fulfillment ;

VI-dilition towards the preservation of family ties ;

VII-offer appropriate accommodations for receipt of visits ;

VIII-providing care for health, as per the need of the elderly ;

IX-promote educational, sports, cultural and leisure activities ;

X-propiciate religious assistance to those who wish, according to their beliefs ;

XI-carry out the social and personal study of each case ;

XII-communicate to the competent health authority every occurrence of elderly infection disease holder-contagios;

XIII-provide or request that the Public Prosecutor's Office request the documents necessary for the exercise of citizenship to those who do not have them, in the form of the law ;

XIV-provide proof of deposit of the movable property that they receive from the elderly ;

XV-keep file of annotations where they build date and circumstances of the fulfillment, name of the elderly, responsible, relatives, addresses, city, relation of their belongings, as well as the value of contributions, and your changes, if any, and too much data that makes it possible for your identification and individualization of the fulfillment ;

XVI-communicate to the Public Prosecutor's Office, for the cableable arrangements, the situation of moral abandonment or material by family members ;

XVII-keep in the framework of professional personnel with specific training.

Art. 51. Philanthropic or non-profit institutions providing service to the elderly will be entitled to free legal assistance.

CHAPTER III

From Surveillance of the Listening Entities

Art. 52. Governmental and non-governmental entities for elderly care will be scrutinized by the Councils of Idoso, Public Prosecutor, Health Surveillance and other provisions under law.

Art. 53. The art. 7º of Law No. 8,842, 1994, passes vigorously with the following essay:

"Art. 7º Compete to the Councils that it treats art. 6º of this Act the supervision, monitoring, supervision and evaluation of the national policy of the elderly within the respective political-administrative bodies. " (NR)

Art. 54. Advertising will be given of the accounts of public and private resources received by the listening entities.

Art. 55. The fulfillment entities disregarding the determinations of this Act will be subject, without prejudice to the civil and criminal liability of their leaders or preposts, to the following penalties, observed due process legal process:

I-governmental entities:

a) warning ;

b) provisional removal of its leaders ;

c) definitive removal of its leaders ;

d) closure of unit or program interdiction ;

II-the non-governmental entities:

a) warning ;

b) fine ;

c) partial or total suspension of public appropriations pass ;

d) drive interdiction or program suspension ;

e) prohibition of care for elderly people in the public interest.

§ 1º Havendo damages to the elderly sheltered or any type of fraud in relation to the program, it will be up to the provisional removal of the leaders or the interdiction of the unit and the suspension of the programme.

§ 2º The partial or total suspension of the public monies pass will occur when verified the misapplication or deviation of purpose of the resources.

§ 3º On the occurrence of infraction by fulfillment entity, which jeopardizes the rights secured in this Act, will be the fact communicated to the Public Prosecutor's Office, for the cableable arrangements, including to promote the suspension of the entity's activities or dissolution, with the prohibition of care for seniors in the public interest, without prejudice to the arrangements to be taken by Health Surveillance.

§ 4º In the application of penalties, the nature and gravity of the committed infraction, the damage that it proposes for the elderly, aggravating or mitigating circumstances and the antecedents of the infringement shall be considered. entity.

CHAPTER IV

From Administrative Infractions

Art. 56. Leave the fulfillment entity of fulfilling the art's determinations. 50 of this Act:

Pena-fine of R$ 500.00 (real five hundred) at R$ 3,000.00 (three thousand reais), if the fact is not characterized as crime, and there may be the interdiction of the establishment until the legal requirements are met.

Single Paragraph. In the case of interdiction of the long-stay establishment, the elderly shelters will be transferred to another institution, at the expense of the interdicted establishment, while it lasts for the interdiction.

Art. 57. Leave the health care professional or the person responsible for health establishment or long-term institution to communicate to the competent authority the cases of crimes against elderly that you have knowledge of:

Pena-fine of R$ 500.00 (real five hundred) at R$ 3,000.00 (three thousand reais), applied double in the case of reoffending.

Art. 58. Fail to comply with the determinations of this Act on priority in care for the elderly:

Pena-fine of R$ 500.00 (real five hundred) at R$ 1,000.00 (one thousand reais) and civil fine to be stipulated by the judge, as per the damage suffered by the elderly.

CHAPTER V

The Administrative Probe of Infraction to the Silver Protection Norms

Art. 59. The monetary values expressed in Chapter IV will be updated annually in the form of the law.

Art. 60. The procedure for the imposition of administrative penalty for infraction to the elderly protection standards will begin with application of the Public Prosecutor's Office or self-made infraction by effective and signed server, if possible, by two witnesses.

§ 1º In the procedure initiated with the self-infraction can be used printed formulas, specifying the nature and circumstances of the infraction.

§ 2º Where possible, verification of the infraction will follow the washbasin of the self, or this one will be washed within 24 (twenty-four) hours, for justified reason.

Art. 61. The author will have deadline of 10 (ten) days for the presentation of the defence, counted from the date of the subpoena, which will be made:

I-by the author, in the instrument of self-autuation, when it is washed in the presence of the offender ;

II-by post, with notice of receipt.

Art. 62. Where there is a risk to the life or health of the elderly, the competent authority shall apply to the regulatory body the regulatory sanctions, without prejudice to the initiative and arrangements that may come to be adopted by the Public Prosecutor's Office or by the other legitimized institutions for the supervision.

Art. 63. In cases where there is no risk to the life or health of the elderly person sheltered, the competent authority shall apply to the fulfillment entity the regulatory penalties, without prejudice to the initiative and the arrangements that will be adopted by the Public ministry or by the other institutions legitimized for the supervision.

CHAPTER VI

Judicial Ascertaining of Irregularities in Entity of Service

Art. 64. They apply, in the alternative, to the administrative procedure for this Chapter the provisions of the Laws 6,437, of August 20, 1977, and 9,784, of January 29, 1999.

Art. 65. The procedure for ascertaining irregularity in governmental and non-governmental entity of care to the elderly will begin upon reasoned petition of interested person or initiative of the Public Prosecutor's Office.

Art. 66. If there is serious cause, the judicial authority may, after hearing the Public Prosecutor's Office, declare in a preliminary way the provisional removal of the leader of the entity or other measures it believes appropriate, to prevent injury to the rights of the elderly, upon reasoned decision.

Art. 67. The leader of the entity will be quoted to, within 10 (ten) days, offer written reply, and may add documents and indicate the evidence to be produced.

Art. 68. Presented the defence, the judge will proceed in the conformity of the art. 69 or, if necessary, designate hearing of instruction and judgment, acting on the need for the production of other evidence.

§ 1º Unless demonstration in hearing, the parties and the Public Prosecutor's Office will have 5 (five) days to offer final allegations, deciding the judicial authority in equal term.

§ 2º In dealing with provisional or definitive removal of governmental entity leader, the judicial authority shall officiate the administrative authority immediately superior to the estranged, setting deadline of 24 (twenty four) hours to proceed to the replacement.

§ 3º Before applying any of the measures, the judicial authority may set a deadline for the removal of the irregularities verified. Satisfied the demands, the process will be extinguished, without judgment of merit.

§ 4º The fine and the warning will be imposed on the entity leader or the person in charge of the fulfillment programme.

Ttitle V

From Access to Justice

CHAPTER I

General provisions

Art. 69. It applies, in the alternative, to the provisions of this Chapter, the summary procedure provided for in the Code of Civil Procedure, in so far as it does not conflict with the deadlines laid down in

Art. 70. The Public Power will be able to create specialized and exclusive sticks of the elderly.

Art. 71. Priority is given in the proceedings and procedures and in the execution of the acts and judicial steps in which it appears as a party or person with an age equal to or above 60 (sixty) years, in any instance.

§ 1º The person concerned in obtaining the priority to which you rent this article, making proof of your age, will apply for the benefit to the competent judicial authority to decide the done, which will determine the arrangements to be complied with, taking this circumstance in a visible place in the process autos.

§ 2º The priority will not cease with the death of the beneficiary, extending in favor of the supperstite spouse, fellow or companion, with stable union, greater than 60 (sixty) years.

§ 3º The priority extends to the processes and procedures in the Public Administration, public service providers and financial institutions, to preferential care together with Defensoria Publisher of the Union, States and the Federal District in relation to the Judicial Assistance Services.

§ 4º For priority care will be guaranteed to the elderly the easy access to the seats and boxes, identified with the destination for elderly in visible location and readable characters.

CHAPTER II

From the Public Ministry

Art. 72. (VETADO)

Art. 73. The functions of the public prosecutor, provided for in this Act, shall be exercised under the respective Organic Law.

Art. 74. Competes with the Public Ministry

I-establish civil inquiry and public civil action for the protection of the diffuse or collective, individual inavailable and individual homogenous rights and interests of the elderly ;

II-promote and monitor the actions of food, total or partial interdiction, special curator designation, in circumstances justifying the measure and officer in all the accomplishments in which discuss the rights of seniors in conditions of risk ;

III-acting as a procedural substitute for the elderly in a risk situation, as per the provisions of art. 43 of this Act ;

IV-promote the revocation of the idle's proxy instrument, at the hypotheses provided for in art. 43 of this Act, when necessary or the public interest justifying ;

V-initiate administrative procedure and, to instruct it:

a) expedition of notifications, spoon testimony or clarification and, in the event of unwarranted non-appeal of the notified person, requisition coercive driving, including by the Civil Police or Militar ;

b) to requisition information, exams, permalities and documents from municipal, state and federal authorities, from direct and indirect administration, as well as to promote inspections and investigatory démarches ;

c) requisition information and private documents from private institutions ;

VI-establish unionists, requisition investigatory démarches and the establishment of police inquiry, for the ascertainment of illicit or infractions to the standards of protection of the elderly ;

VII-to care for the effective respect for legal rights and guarantees assured of the elderly, promoting the judicial and extrajudicial measures that are cabin ;

VIII-inspect the public and private entities of care and the programmes it treats this Act, adopting the administrative or judicial measures necessary for the removal of irregularities perhaps verified ;

IX-requisition police force, as well as the collaboration of health, educational and social care services, public, for the performance of their assignments ;

X-referendums involving interests and rights of the elderly provided for in this Act.

§ 1º The legitimisation of the Public Prosecutor's Office for the cible actions provided for in this article does not prevent it from third parties, in the same hypotheses, according to the law.

§ 2º The assignments contained in this article do not exclude others, provided that they are compatible with the purpose and tasks of the Public Prosecutor.

§ 3º The representative of the Public Prosecutor's Office, in the exercise of his duties, will have free access to all senior care entity.

Art. 75. In the proceedings and procedures in which it is not a party, it will necessarily act the Public Prosecutor's Office in the defence of the rights and interests of which it takes care of this Act, hypotheses in which it will be seen from the autos after the parties, and may add documents, apply for representations and production of other evidence, using the cableable resources.

Art. 76. The subpoena of the Public Prosecutor's Office, in any case, will be made personally.

Art. 77. The lack of intervention by the Public Prosecutor's Office carries the nullity of the made, which will be declared as an offer by the judge or at the request of any interested party.

CHAPTER III

From Judicial Protection of Diffuse Interests, Collectives and Individual Inavailable or Homogeneous

Art. 78. The procedural manifestations of the Public Prosecutor's Office should be substantiated

Art. 79. They are governed by the provisions of this Act the actions of liability for offence to the rights secured to the elderly, concerning the omission or unsatisfactory offering of:

I-access to health actions and services ;

II-specialized care for the elderly disabled carrier or with crippling limitation ;

III-specialized care for the elderly infection-contagious disease holder ;

IV-social assistance service targeting the elderly amparo.

Single Paragraph. The hypotheses provided for in this article do not exclude from judicial protection other vested interests, collectives, individual unavailable or homogeneous, of the elderly, protected in law.

Art. 80. The actions provided for in this Chapter will be proposed at the place of the domicile of the elderly, whose judgment will have absolute jurisdiction to prosecute the cause, ressaved the competencies of Federal Justice and the jurisdiction originating in the Higher Courts.

Art. 81. For cible actions founded on diffuse interests, collective, individual unavailable or homogeneous, consider themselves to be legitimized, concurrently:

I-the Public Ministry ;

II-the Union, the States, the Federal District and the Municipalities ;

III-the Order of Lawyers of Brazil ;

IV-legally constituted associations of at least 1 (one) year and which include between the institutional purposes the defence of the interests and rights of the elderly person, waived the authorization of the assembly, if there is prior statutory authorization.

§ 1º Admission will be optional litisconsortium between the Public Ministries of the Union and States in the defence of the interests and rights of which it takes care of this Act.

§ 2º In case of dismissal or abandonment of the action by legitimized association, the Public Prosecutor or other legitimization should take on active entitlement.

Art. 82. For the defence of the interests and rights protected by this Act, all relevant species of action are admissible.

Single Paragraph. Against illegal or abusive acts of public authority or agent of legal person in the exercise of Public Power assignments, which lessen a net right and certain provided for in this Act, shall be governed by mandamental action, which shall be governed by the standards of the law of warrant for security.

Art. 83. In the action that has by object the fulfillment of obligation to make or non-make, the judge shall grant the specific guardianship of the obligation or determine arrangements that ensure the practical outcome equivalent to the adimplement.

§ 1º Being relevant the ground of demand and there is justified fear of ineffectiveness of the final flooring, it is lawful for the judge to grant the tutelage liminally or after prior justification, in the form of the art. 273 of the Code of Civil Procedure.

§ 2º The judge may, in the hypothesis of § 1º or in the sentence, impose a daily fine on the defendant, regardless of the author's request, if it is sufficient or compatible with the obligation, setting reasonable time for the compliance with the precept.

§ 3º The fine will only be required from the defendant after the trial on trial of the sentence favorable to the author, but will be due from the day on which if there is set.

Art. 84. The values of the fines provided for in this Act will revert to the Fund of Idoso, where there is, or in the absence of this, the Municipal Social Assistance Fund, becoming linked to the elderly care.

Single Paragraph. Fines not collected up to 30 (thirty) days after the transit on trial of the decision will be required by means of execution promoted by the Public Prosecutor's Office, in the same autos, provided equal initiative to the other legitimizers in the event of inertia of that.

Art. 85. The judge will be able to confer suspension effect on resources, to prevent irreparable damage to the party.

Art. 86. Passed on trial the sentence imposing conviction to the Public Power, the judge shall determine the consignment of parts to the competent authority, to ascertain the civil and administrative liability of the agent to which action or omission is attached.

Art. 87. Decorrides 60 (sixty) days of traffic on trial of the sentencing sentence favorable to the elderly without the author promoting it, should do so by the Public Prosecutor's Office, provided, equal initiative to the other legitimizers, as assistants or taking over the active pole, in case of inertia of that organ.

Art. 88. In the actions of which it treats this Chapter, there will be no advance of costs, emoluments, pericial fees and any other expenses.

Single Paragraph. It will not bother succumbing to the Public Ministry.

Art. 89. Anyone can, and the server should, provoke the initiative of the Public Prosecutor's Office, by providing him with information on the facts that constitute the subject of civil action and indicating him the elements of conviction.

Art. 90. Public servants in general, the judges and courts, in the exercise of their duties, when they have knowledge of facts that may set up public action crime against elderly or to cover the proposal for action for their defence, shall forward the pieces pertinent to the Public Ministry, for the cableable arrangements.

Art. 91. In order to instruct the initial petition, the person concerned will be able to apply to the competent authorities the certificates and information it believes necessary, which will be provided within 10 (ten) days.

Art. 92. The Public Prosecutor's Office may establish under his chairmanship, civil inquiry, or requisition, of any person, public or private body, certificates, information, examinations or perennials, within the time limit which he / she points out, which may not be less than 10 (ten) days.

§ 1º If the Public Prosecutor's body, exhausted all démarches, is convinced of the non-existence of grounds for the proposal of civil action or informative pieces, it shall determine its filing, doing it fundamental.

§ 2º The autos of the civil inquiry or the pieces of information filed shall be referred to, on pain of incurring serious misconduct, within 3 (three) days, to the Superior Board of the Public Prosecutor or to the Coordinating Chamber and Review of the Public Ministry.

§ 3º Until it is homologated or rejected the filing, by the Superior Board of the Public Prosecutor's Office or by Chamber of Coordination and Review of the Public Prosecutor's Office, the legitimized associations may present written reasons or documents, which will be joined or attached to the pieces of information.

§ 4º Leading the Superior Board or the Board of Coordination and Review of the Public Prosecutor's Office to approve the promotion of filing, another member of the Public Prosecutor's Office will be designated for the help of action.

Title VI

Of Crimes

CHAPTER I

General provisions

Art. 93. The provisions of Law No 7,347 of July 24, 1985 apply in a subsidiary way, in which couber.

Art. 94. To the crimes provided for in this Act, whose maximum custodial penalty of freedom does not exceed 4 (four) years, the procedure provided for in Law No. 9,099 of September 26, 1995, and, in the alternative, in what couber, the provisions of the Criminal Code, and of the Code of Criminal Procedure.

CHAPTER II

Of Crimes in Species

Art. 95. The crimes set out in this Act are unconditional public penal action, not by applying to them the arts. 181 and 182 of the Criminal Code.

Art. 96. Discriminate against elderly person, preventing or hindering their access to banking operations, means of transport, the right to hire or by any other means or instrument necessary for the exercise of citizenship, for the reason of age:

Penalty-section of 6 (six) months to 1 (one) year and fine.

§ 1º In the same sentence incur who to denote, humiliate, belitter or discriminate elderly person, for whatever reason.

§ 2º The penalty will be increased from 1/3 (a third) if the victim is found to be under the care or responsibility of the agent.

Art. 97. Fail to provide assistance to the elderly, when possible to do so without personal risk, in situation of imminent danger, or to refuse, delay or hinder their health assistance, without fair cause, or not to ask for, in such cases, the relief of authority public:

Pena-detention of 6 (six) months to 1 (one) year and fine.

Single Paragraph. The penalty is increased by half, if the omission results in personal injury of a serious nature, and triplicate, if it results in death.

Art. 98. Abandon the elderly in hospitals, health houses, long-stay entities, or congeners, or do not provide for your basic needs, when thank you for law or warrant:

Pena-detention of 6 (six) months to 3 (three) years and fine.

Art. 99. Expose the danger to integrity and health, physical or psychic, of the elderly, by subjecting it to inhuman or degrading conditions or depriving it of indispensable food and care, when obliged to do so, or by subjecting it to excessive work or unsuitable:

Pena-detention of 2 (two) months to 1 (one) year and fine.

§ 1º If of the fact results in bodic injury of a serious nature:

Pena-reclusion of 1 (one) to 4 (four) years.

§ 2º If it results in death:

Pena-section of 4 (four) to 12 (twelve) years.

Art. 100. Constitutes crime punishable with seclusion of 6 (six) months to 1 (one) year and fine:

I-hinder someone's access to any public office for reasons of age ;

II-deny someone, for the reason of age, employment or work ;

III-decline, delay or hinder service or fail to provide health care, without fair cause, the elderly person ;

IV-cease to comply, delay or frustrate, without fair reason, the execution of judicial order exclaimed in the civil action to which you alluded this Act ;

V-refuse, delay or omit technical data indispensable to the proposal of the civil action object of this Act, when requested by the Public Prosecutor's Office.

Art. 101. Fail to comply, delay or frustrate, without fair reason, the execution of judicial order exclaimed in the actions in which it is part or intervener the elderly:

Pena-detention of 6 (six) months to 1 (one) year and fine.

Art. 102. Appropriating or diverting goods, proof, pension or any other income from the elderly, giving them diverse application of that of their purpose:

Pena-section of 1 (one) to 4 (four) years and fine.

Art. 103. Deny the reception or stay of the elderly, as sheltered, by refusal of this one in outoring proxy for the fulfillment entity:

Pena-detention of 6 (six) months to 1 (one) year and fine.

Art. 104. Retain the bank account magnetic card pertaining to benefits, proof or pension of the elderly, as well as any other document with a goal of ensuring debt receipt or resurrection:

Pena-detention of 6 (six) months to 2 (two) years and fine.

Art. 105. Exhibit or vehicular, by any means of communication, information or derogatory or injurious images to the person of the elderly:

Pena-detention of 1 (one) to 3 (three) years and fine.

Art. 106. Inducing elderly person without discernment of their acts to outwit proxy for the purposes of administration of goods or of them freely dismissal:

Pena-section of 2 (two) to 4 (four) years.

Art. 107. Coagir, in any case, the elderly to donate, hire, test or listen to proxy:

Pena-section of 2 (two) to 5 (five) years.

Art. 108. Wash notarial act that involves elderly person without discernment of their acts, without proper legal representation:

Pena-section of 2 (two) to 4 (four) years.

Title VII

Final and Transitional Provisions

Art. 109. Prevent or embarrass act of the representative of the Public Ministry or any other supervising agent:

Penalty-section of 6 (six) months to 1 (one) year and fine.

Art. 110. The Decree-Law No. 2,848 of December 7, 1940, Criminal Code, passes vigorously with the following changes:

"Art. 61 .............................................................................

.........................................................................................

II-.....................................................................................

.........................................................................................

h) against child, higher than 60 (sixty) years, nursing or pregnant woman ;

..........................................................................................? (NR)

"Art. 121 ...........................................................................

..........................................................................................

§ 4º In the manslaughter, the penalty is increased from 1/3 (one-third), if crime results from non-compliance with technical rule of profession, art or craft, or if the agent cees to immediately provide relief to the victim, it does not seek to diminish the consequences of your act, or run away to avoid arrest in flagrante. Being dolous the homicide, the penalty is increased from 1/3 (a third) if the crime is practiced against person less than 14 (fourteen) or greater than 60 (sixty) years.

..........................................................................................? (NR)

"Art. 133 ...........................................................................

.........................................................................................

§ 3º ...................................................................................

.........................................................................................

III-if the victim is higher than 60 (sixty) years. " (NR)

"Art. 140 ...........................................................................

.........................................................................................

§ 3º If the injuring consists in the use of elements concerning race, color, ethnicity, religion, origin or the condition of elderly person or disability carrier:

........................................................................................... (NR)

"Art. 141 ............................................................................

...........................................................................................

IV-versus person greater than 60 (sixty) years or disabled carrier, except in the case of injuring.

...........................................................................................? (NR)

"Art. 148 .............................................................................

...........................................................................................

§ 1º .....................................................................................

I-if the victim is ascending, descendant, spouse of the agent or greater than 60 (sixty) years.

..........................................................................................?; (NR)

"Art. 159 ............................................................................

..........................................................................................

§ 1º If the abduction lasts more than 24 (twenty-four) hours, if the hijacking is less than 18 (eighteen) or greater than 60 (sixty) years, or if the crime is committed by flock or gang.

.......................................................................................... " (NR)

"Art. 183 ...........................................................................

..........................................................................................

III-if the crime is practiced against person aged 60 (sixty-sixty) years. " (NR)

"Art. 244. Leave, without fair cause, to provide for the livelihood of the spouse, or child's minor child of 18 (eighteen) years or unfit for work, or of an invalid ascending or higher of 60 (sixty) years, not providing them with the necessary or missing resources to the judicially agreed pension payment, fixed or majorized ; leave, without fair cause, to shaping descending or ascending, gravely ill:

......................................................................................... " (NR)

Art. 111. The art. 21 of Decree-Law No. 3,688 of October 3, 1941, Law on Criminal Contraventions, passes the vigorous effect of the following single paragraph:

"Art. 21 ............................................................................

........................................................................................

Single Paragraph. The penalty of 1/3 (one third) is increased by half if the victim is higher than 60 (sixty) years. " (NR)

Art. 112. The incision II of § 4º of the art. 1º of Law No. 9,455 of April 7, 1997, passes vigorously with the following essay:

"Art. 1º ............................................................................

........................................................................................

§ 4º ..................................................................................

II-if the crime is committed against child, manager, disability holder, adolescent or greater of 60 (sixty) years ;

........................................................................................ " (NR)

Art. 113. The inciso III of the art. 18 of Law No. 6,368 of October 21, 1976, passes vigorously with the following essay:

"Art. 18 ............................................................................

........................................................................................

III-if either of them decorates of association or target minors of 21 (twenty-one) years or the person aged 60 (sixty) years or to whom he / she has, for any cause, diminished or suppressed the capacity of discernment or self-determination:

........................................................................................ " (NR)

Art. 114. The art. 1º of Law No. 10,048 of November 8, 2000, passes vigorously with the following essay:

"Art. 1º People with disabilities, seniors aged equal to or above 60 (sixty) years, the gestures, lactants and persons accompanied by lap children will have priority service under this Act?.(NR)

Art. 115. The Social Security Budget will target the National Social Assistance Fund, until the National Fund of Idoso is set up, the necessary resources, in each financial year, for application in programs and actions concerning the elderly.

Art. 116. They will be included in the demographic census data concerning the elderly population of the Country.

Art. 117. The Executive Power will refer to the National Congress Bill reviewing the criteria for granting the Benefit of Continued Prestation provided for in the Organic Law of Social Assistance, so as to ensure that access to the right is to be conformed with the socio-economic development stage achieved by the Country.

Art. 118. This Act enters into force decorated 90 (ninety) days of its publication, re-salvaged the provisions of the art's caput . 36, which will apply from 1º January 2004.

Brasilia, 1º October 2003 ; 182º percent of Independence and 115º percent of the Republic.

LUIZ INACIO LULA DA SILVA

Marcio Thomaz Bastos

Antonio Palocci Filho

Ruwell Fonseca Filho

Humberto Sérgio Costa LIma

Guido Mantega

Ricardo José Ribeiro Berzoini

Benedita Souza da Silva Sampaio

Álvaro Augusto Ribeiro Costa