PRECONCEITO E VIOLÊNCIA CONTRA A PESSOA IDOSA: CONFRONTO DA REALIDADE COM OS CRIMES DISPONÍVEIS NA LEGISLAÇÃO BRASILEIRA

Abstract

This research aims to confront the reality of prejudice and violence against the elderly with the legal provisions of the crimes available in the Elderly Persons Statute and the Penal Code. To this end, primary data were collected and corrected with doctrine and legislation (Elderly Persons Statute and Penal Code). The primary data were collected through interviews with elderly people living in the area covered by a health unit in the city of Curitiba, Paraná, Brazil. Information on prejudice and violence against the elderly was investigated, and then the primary data was analyzed in relation to the variables convergent with the crimes, available in the legislation (Elderly Persons Statute) and based on scientific doctrine based on the scales used. The quantitative data were organized in Microsoft Excel 2019® spreadsheets, with descriptive analysis using absolute number (n) and relative frequency (%). The qualitative data were transcribed in full and analyzed with contextualization of the phenomenon studied (prejudice and violence), using the Discourse of the Collective Subject (DSC). The study sample included 50 elderly people aged 60 to 92 years, with an average age of 72 years; literate (39 with elementary education, 11 with higher education); 54% female. Regarding marital status, 50% were married, 22% were widowed, 16% were single, and 12% were divorced; in relation to housing, 50% lived with a spouse and 32% lived with children and grandchildren, and 18% lived alone. In relation to work, 78% were retired and of these, 64% continued to work for pay beyond retirement. Regarding income, 24% received up to one minimum wage, 34% received two to three minimum wages, and 42% received more than four minimum wages. Negative ageist perceptions are evident; verbal violence (shouting and threats) and property violence (use of money without following instructions and theft of belongings/money). And 58% of elderly people are at risk of violence. In the qualitative aspect of the elderly people's speeches, the following categories emerged: prejudice against the elderly is exclusion because it is the end of life; violence against the elderly is beating and imposing one's will; unpleasant situations happen in everyday life but are hidden; crime is beating and robbing the elderly person. Discussing these issues in line with criminal law allows for broader reflection on crime, making it challenging to discern the interpretation of the action and the meaning of the illegality with the collective understanding. In addition to addressing underreported practices and not classified as crimes by the victimized public itself.