O trabalho na terceira idade como direito fundamental: suas repercussões no ordenamento jurídico brasileiro

Abstract

Due to the current and global trend of the aging of population, its effects as well as the inclusion of the elderly professional people in the labor market, it is understood the importance of encouraging the state to the development of public policies in partnership with the private sector or non-governmental organizations to promote the work of the seniors. It is also relevant that it would be important to instigate the companies to hire the elderly professional people with the accession of fiscal and parafiscal incentives that the Government should create. This study has the purpose to analyze the national legislation, as well as scientific articles published between 2006 and 2016 related to the right of the elderly people to work from a perspective of historical evolution of the category. The methodology used was the doctrinal and bibliographical research, followed by a critical analysis of scientific studies, the legal system and related laws. The data had its analysis based on the literature. According to the analysis of Brazilian legislation, it demonstrates that the current legal framework includes the work of the elderly people as a fundamental right, but not in its plenitude. There is a necessity to create specific infra legislation to put in place tax incentives mentioned in the Statute of the Elderly People and in this way to consider the issue in a broadly way. The publications highlight the national legislation and the legal system as the guardians of the rights guaranteed to the work of the elderly people, but there is huge necessity for legal complement to materialize the elderly people achievements in the workplace.