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The Statute of the Elderly and Other Laws Ensure Tax Exemptions, Free Transport, Half Price, Priority in Justice, Medications, and Even Assistance Benefits.
Elderly people in Brazil have access to a variety of benefits outlined in different laws, which can represent savings, a higher quality of life, and easier access to essential services.
Many of these rights are described in the Statute of the Elderly (Law No. 10,741/2003), while others stem from specific legislation, the Federal Constitution, or municipal rules. Nevertheless, a large portion of the population over 60 years old is not fully aware of these guarantees.
Below, see in detail the main benefits, the conditions for access, and the legislation that supports each of them.
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Exemption from IPTU in Some Municipalities
In several Brazilian cities, elderly individuals may receive an exemption from IPTU (Urban Property and Land Tax). The tax falls under the jurisdiction of municipalities, as stipulated in Article 156 of the Federal Constitution, and thus each city establishes its own rules.
In São Paulo, for example, the Municipal Law No. 11,614/1994 grants exemptions to retirees, pensioners, or beneficiaries of life annuities who own only one property used as a residence.
The rule requires that the monthly income be up to three minimum wages (R$ 3,300) for total exemption, or up to five minimum wages (R$ 5,500) for partial exemption. Additionally, the property’s assessed value cannot exceed R$ 1,369,813.
Additional Exemption in Income Tax
Retirees and pensioners over 65 years old are entitled to an additional exemption bracket in the Income Tax, guaranteed by Law No. 7,713/1988 (Art. 6, XV) and Law No. 9,250/1995 (Art. 8, §2, V).
Beyond the normal bracket of R$ 1,903.98 per month, there is another exemption of the same amount, exclusive to this audience. This means that together, these earnings are exempt from taxation, increasing the purchasing power of the elderly.
Preferential Immediate Service
The Statute of the Elderly (Law No. 10,741/2003, Art. 3 and Art. 15, §7) guarantees preferential service for individuals aged 60 or older in public and private service-providing agencies. This applies to banks, hospitals, offices, supermarkets, financial institutions, and other establishments.
This service should be immediate and individualized, ensuring real priority for the elderly in daily life.
Priority in Justice and in Administrative Processes
Elderly individuals also have priority in the processing of judicial and administrative cases. This guarantee is set forth in the Statute of the Elderly (Law No. 10,741/2003, Art. 71) and reinforced by the Civil Procedure Code (Law No. 13,105/2015, Art. 1,048, I).
This priority applies to cases currently underway in the courts, administrative procedures with public administration agencies, and services provided by the Public Defender’s Office.
Half Price for Events
The 50% discount on tickets for cultural, artistic, sports, and recreational events is provided for in the Statute of the Elderly (Law No. 10,741/2003, Art. 23).
This ensures that individuals over 60 years old can have access to entertainment activities at reduced prices, promoting social inclusion and participation in cultural activities.
Art. 23. The participation of elderly individuals in cultural and leisure activities will be provided through discounts of at least 50% (fifty percent) on tickets for artistic, cultural, sports, and leisure events, as well as preferential access to the respective venues.
Free or Discounted Transport
One of the best-known benefits is public transport. The Statute of the Elderly (Law No. 10,741/2003, Art. 39 and Art. 40) guarantees:
- Free Urban Transport: for individuals over 65 years old on buses, subways, and other collective means of transport. Just present a personal document. Additionally, 10% of the seats must be reserved for the elderly.
- Interstate Transport: two free seats per vehicle for elderly individuals with an income of up to two minimum wages, plus a 50% discount when the seats are already occupied. This right was detailed by Decree No. 9,921/2019, which regulates the benefit.
Parking Spots
Public and private parking lots must reserve 5% of their spots for elderly individuals. The rule is set out in the Statute of the Elderly (Law No. 10,741/2003, Art. 41) and requires that the spaces be signposted and located to facilitate access.
Free and Discounted Medications
The Statute of the Elderly (Law No. 10,741/2003, Art. 15, §2) stipulates that the government must provide medications free of charge, especially those for continuous use, as well as prosthetics, orthotics, and other necessary treatment resources.
Additionally, the Popular Pharmacy Program, created by Decree No. 5,090/2004, allows access to medications for free or with up to 90% discount at accredited pharmacies.
Continuous Provision Benefit (BPC)
Elderly individuals aged 65 and older in situations of vulnerability are entitled to the Continuous Provision Benefit. Foreseen in the Organic Law of Social Assistance (LOAS, Law No. 8,742/1993, Art. 20), it guarantees the payment of a monthly minimum wage.
To access it, the family income per person must be less than a quarter of the minimum wage, which is R$ 275 currently.
Brazilian legislation offers a robust set of guarantees for elderly individuals, covering everything from tax discounts to free transport, access to medications, and priority in judicial processes. Knowing these rights is essential for them to be fully exercised.
Although many elderly individuals still miss out on these benefits due to lack of information, the law ensures that they are respected.
Therefore, regularly consulting public agencies and seeking guidance on each right can make a significant difference in budgeting and quality of life.
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