Clipping of news on Brazilian Culture, Law and Citizenship
01.10.2015
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The elderly consumer enjoys some specific rights, since in his favor, join, among other laws, the CDC and the Elderly. To remind you of the main, we have prepared this little quick reference guide
Escort in hospital
It is the right of the elderly, both in public and in private network.
What to do?
Require that right the direction of the hospital. If not, look for the Health Council, the Senior Council or the public prosecutor and report.
Health care is particular consumer relationship and you can look for PROCON, report the case to the National Health Agency - ANS and, if necessary, seek justice.
Health plan contract
The health plan provider can not refuse to hire a senior citizen.
What to do?
Require hiring. Look for the Procon, report the health plan to ANS and if necessary, the courts.
Coverage of diseases, prosthetics and length of stay in healthcare plan
Many seniors have previous health plans to the Health Insurance Act (signed before 01/02/99). Such contracts contain clauses excluding coverage of diseases, treatments and prostheses, or even limit hospital stay.
In most cases (80%) the judiciary has applied the CDC (Law 8.078 / 90) and declared unfair terms and therefore void.
What to do?
If you go through one of these situations, look for the PProcon and, if necessary, the courts.
No adjustments for change of age group health plan
The Elderly Statute prohibits adjustments for change of age group for seniors. The ANS apply the rule only to contracts signed from January 2004, when the Statute entered into force. There are court decisions applying the Statute of the rule also for previous contracts to January 2004 and prevent the application of adjustments for change in age from 60 years. But it is not pacified issue in court.
What to do?
Since there is no unambiguous understanding in court, it is up to the consumer decide whether to enter a lawsuit. There is no provision in the contract of age and an increase in each of them, the adjustment for change of age is illegal, whether or not the senior consumer. If consumers choose to lawsuit, you can search the Special Civil Court (JEC), where it is possible to propose actions when the value of the claim is up to 40 minimum wages; for causes whose value goes up to 20 times the minimum wage is not even necessary attorney.
SHIPPING
Urban transportation and free semi-urban (subway, commuter trains, bus line circulating within the city and between neighboring cities, manning etc.)
It is the right of the elderly (65 or older) to access these services for free.
Extension of gratuity to the elderly between 60 and 65 years is necessary municipal law governing the right.
Simply present any document to prove age, there is no need to register, take "card-carrying" the elderly or any such measure.
What to do?
If there is no free transport in your city, covering local authority (mayor, secretary of transportation and councilors) or browse the prosecution.
Free shipping interstate collective
Each bus must book two free places for more than 60 years with less than or equal to twice the minimum wage income.
If more than two elderly who meet these characteristics, the company must give discount to elderly surplus of at least 50% of the passage.
What to do?
- To use the benefit, request a Aging Travel ticket at sales points of the carrier in advance of at least three hours in relation to the time of travel
- To grant the discount of 50% of the passage, the elderly should acquire it according to the following terms: up to six hours in advance for travel distance up to 500 km and up to twelve hours in advance to distance to travel up to 500 km .
- On the trip, attend the company's booth at least 30 minutes before the start of the trip.
- Are not included in the benefit the toll rates and the cost of food.
If there is disregard of these rules, please report the bus company to the National Land Transportation Agency - ANTT. You can also trigger the Procon, the Senior Council and the prosecution.
Reserved parking spaces in parking lots
5% booking is mandatory vacancies in public and private parking lots for the elderly; its location should ensure the best convenience of the elderly.
What to do?
Disregarding, report the establishment or the event organizer for the PROCON and the prosecution.
You can also trigger the Senior Council.
Reserved parking spaces on public roads
Since 2010, there is a federal law allocating 5% of parking spaces on public roads for the exclusive use of vehicles driven by elderly or the carrying permit issued by the authority responsible for the road system.
What to do?
To be allowed to use these spaces, you must purchase a card in the Municipal Transport and let it visible on the dashboard.
If in your city there are regulations, make a complaint to the prosecutor. Disregarding the exclusive use of vague, report to the authority responsible for traffic management in the city.
CULTURE AND LEISURE
Entitled to half price
The elderly are entitled to discounts of at least 50% in value of the ticket for artistic events, cultural, sports and leisure, as well as preferential access to their places.
Just the identity card presentation.
What to do?
Disregarding this law, report the establishment or the event organizer for Procon and the prosecution.
You can also trigger the Senior Council.
COMMERCIAL ESTABLISHMENTS
Priority service
Government and private establishments must book a place to make faster and more comfortable care for the elderly, as specific cases and qualified service
What to do?
Disregarding this law, report the establishment or the event organizer for Procon and the prosecution.
You can also trigger the Senior Council.
HOUSING PROGRAMS
Reserve units
It is the right of the elderly to reserve 3% of residential units of public housing programs, giving priority in home ownership.
What to do?
Disregarding this right by the public administrator, look for the prosecution and report.
FINANCING
Payroll loan
The rules on this type of loan are in Instruction 28 of the INSS:
- The installments are deducted directly from benefit;
- It is essential to prior authorization, express and written for hiring is prohibited hiring by telephone;
- By signing the contract, requires your route;
- The maximum rates are 2.14% per month for the loan, and 3.06% per month for the payroll card (including all costs of the loan);
- It is forbidden collection of the Credit Opening Rate (TAC) or any other fees or taxes;
- To issue the credit card is permitted to charge a single fee of R $ 15, with payment divided into up to three times;
- The consumer can commit a maximum of 30% of their income on payroll loan (20% of income for payroll loans and 10% exclusively for the credit card);
- The maximum number of shares is 60 months;
- Institutions should inform in advance: total amount financed; Monthly and annual interest rate; increases in remuneration, and tax arrears; amount, number and frequency of payments; and the total sum to pay for the loan.
USEFUL CONTACTS
National Health Agency (ANS)
Phone 0800-701-9656
National Land Transportation Agency (ANTT)
Phone 0800-610-300
Councils of the Elderly
Addresses available here
Health advice
See the website of the National Health Council
State Public Ministries
State Prosecutor of São Paulo: www.mp.sp.gov.br
(for other units of the federation, replace the acronym of the initials of its sp State)
Procons
Procon São Paulo: Phone 151 and www.procon.sp.gov.br
Other places: addresses available here
CET-SP
To report illegally parked vehicle: 1188
(For other locations, see the responsible transit authority)
Source: Idec
To access the IDEC website, click here.
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This article was translated by an automatic translation system, and was therefore not reviewed by people.