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Proposal Amends the Constitution to Include Protection for the Elderly in Concurrent Competence PEC 81/2015 Moves to Analysis in the Chamber.
The PEC 81/2015 was unanimously approved by the Senate Plenary in May 2025, in Brasília, and amends Article 24 of the Constitution to include protection for the elderly among the concurrent legislative competences. In practice, states and the Federal District gain explicit approval to create their own laws, complementing the general federal norms and allowing faster responses to local problems regarding mandatory in-person assistance for digital fraud prevention policies.
The approval of the PEC 81/2015 occurred in record time and with broad consensus, says the Senate, reflecting the urgency given the aging population and the rising financial frauds that target individuals over 60 years old.
The text now goes to the Chamber of Deputies, where it needs to be approved in two rounds to be enacted as a Constitutional Amendment.
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What Changes in the Constitution and Why It Matters
The PEC 81/2015 includes “protection for the elderly” in the list of matters of concurrent competence, meaning that the Union, states, and the Federal District can legislate simultaneously. The Union establishes general norms; other entities detail and adapt to their realities.
This architecture reduces the regulatory vacuum that existed when urgent issues required rapid regional actions.
The impact is direct: state governments will be able to create specific laws to curb digital fraud, require in-person assistance channels, define protocols for financial institutions, and reinforce administrative penalties against those who abuse the elderly.
The sooner regional rules come into effect, the smaller the window for fraudsters to exploit vulnerabilities.
Who Benefits from PEC 81/2015 and How It Protects the Elderly’s Finances
The elderly consumer benefits, as they will have more layers of protection beyond federal rules. States and the Federal District will be able to formalize obligations for banks, telecoms, e-commerce, and fintechs, such as enhanced verification processes, dual-check flows for high-value operations, and shortcut keys for human assistance.
Specialized police departments, consumer protection agencies, and public defenders also benefit, as they will operate with more specific local legal bases, facilitating enforcement and sanctioning. When the law brings protection closer to the territory, response times decrease, and the chance of harm diminishes.
Where PEC 81/2015 Performs Best: The Map of Risks and Solutions
In urban centers, the PEC 81/2015 can accelerate norms against social engineering: fraud by message, WhatsApp cloning, and false call centers. States can require confirmation outside the channel for suspicious transactions and impose minimum usability standards for the elderly.
In smaller cities and areas with low digital inclusion, the priority tends to be in-person assistance and ongoing financial education.
State laws can provide for periodic efforts, family follow-up protocols in complex transactions, and public alerts on local radio and TV networks. The response shifts from “one rule for everyone” to “the right rule for each reality.”
How Much Protection Can Advance: Limits and Possibilities of Concurrent Competence
Concurrent competence does not authorize states to encroach on exclusive areas of the Union, such as civil law, criminal law, or the national financial system. However, it allows regulation of procedures, oversight, service, and education exactly where fraud occurs and can be prevented.
States and the Federal District can, for example, require periodic incident reports, standardize risk communications for the elderly public, and fine abusive conduct on an administrative level. The sum of small local barriers creates a taller wall for the fraudster.
Why It Came Now: Aging, Digitalization, and Pressure for Quick Responses
Brazil is aging rapidly, and financial and public services have migrated to digital formats at an accelerated pace. Without proper mediation, the elderly are exposed to confusing interfaces, technical terms, and persuasive approaches.
The PEC 81/2015 was born to speed up corrective measures, create guarantees of human assistance, and establish checking routines before a click turns into loss.
The unanimity in the Senate highlights a common diagnosis: protection cannot wait solely for comprehensive federal laws. Local rules are the short arm that reaches the problem at the grassroots level.
And What Happens Now: The Next Steps in the Proceedings
The PEC 81/2015 needs to be approved in two rounds in the Chamber with 3/5 of the votes. If the text undergoes no changes, it proceeds to promulgation. If modified, it returns to the Senate. Until then, states and the Federal District can prepare drafts and public consultations to accelerate local regulation right after promulgation.
For public managers and sector entities, the moment is to plan policies, train teams, and map partnerships with banks, telecoms, and digital platforms. The more prepared the local machinery is, the sooner the protections reach the citizen.
How This Affects Your Life and Your Elderly Family Member
If you or a family member have already suffered from fraud, from fake invoices to the “call center scam,” the PEC 81/2015 can force companies to adopt new layers of verification, guarantee in-person assistance for critical operations, and standardize clear notifications in simple language. This is practical protection, in everyday life.
For caregivers, the proposal opens the door for assisted consent protocols, accompanied services, and state prevention programs, connecting health, social assistance, and consumer protection.
The PEC 81/2015 does not solve everything on its own, but unlocks the pen of those closest to the problem. When the law comes closer to the territory, protection reaches potential victims sooner. The challenge now is to convert the authorization into clear, measurable, and enforceable policies.
Do you agree with expanding this competence to states and the Federal District? In your city, would mandatory in-person assistance and dual-checking in transactions make a difference? Share your real experience with scams or fraud attempts and what measures you would like to see in a state law to protect your family?
Para o idoso, o atendimento presencial é muito importante por causa da comunicação, onde o idoso fica esclarecido, já o virtual é fácil enrolar devido o raciocínio lento do idoso. Os bancos virtuais visam os idosos, porque na sua grande maioria já são aposentado e tem renda. Coisa que com os jovens quando acontece são mais ágeis em agir e dar o golpe.