FUNDAMENTAL PRINCIPLES OF THE ELDERLY, CHILDREN, AND ADOLESCENTS: ANALYSIS OF JUDICIAL DECISIONS IN THE RIO GRANDE DO SUL COURT OF JUSTICE IN THE FIRST FOUR MONTHS OF 2024

Authors

• Larissa Lauda Burmann
• André Viana Custódio

Abstract

The generational population that includes children, adolescents, and the elderly share similarities in the guarantee of their rights as they are demographic groups deserving of special legal protection. This can be observed in relation to the fundamental constitutional principles of best interest, comprehensive protection, and absolute priority. Through the hypotheticaldeductive approach method and the bibliographic and documentary research technique, the frequency with which these principles appear in the decisions of the Rio Grande do Sul state court is analyzed in order to identify similarities and differences concerning these population groups, observing whether the results can assist in developing a greater understanding of the complexity of generational protection in the country. The search criteria for the judicial summaries dealt with the expressions "absolute priority," "integral protection," and "best interest." As a result criterion, elderly, children, adolescents were included. The period for analyzing the summaries considered those that were judged and published from January 1, 2024, to April 16, 2024. The findings reveal a disparity in the number of judicial decisions between the two groups, which may indicate the ineffectiveness of the Brazilian legal system in favor of the elderly.