The Brazilian Constitution, in art. 3, IV, prevents any discrimination by age and the art. 230 of the same legal instrument gives the family, society, and the State the duty to support the elderly, ensuring their insertion in the community, safeguarding their well-being and their right to a dignified life. To elaborate these rights, the Brazilian Congress approved, after fifteen years of publication of the current Constitutional text, Law 10.741/2003 - known as the Elderly Statute, which, besides reaffirming basic citizenship rights, works with the notion of positive discrimination and proposes implementation of human resource training programs and the wide dissemination of information on aspects of aging. Since the approval of the Statute, by January 2019, 6429 draft bills have been proposed in the National Congress which deal with the elderly, which shows a certain concern with the subject, but without the verification of the real yearnings of society. Taking into account that, in 2018, the Brazilian population's life expectancy reached 76.25 years, according to the Brazilian Institute of Geography and Statistics (IBGE), also predicting that in 2039 the population over 65 years of age exceeds that of children under 15 years. Thus, in the Brazilian Unified Health System (Sistema Único de Saúde Brasileiro - SUS), there should be an adaptation regarding the guarantee of caring for the elderly, especially about their autonomy in order to ensure that legislation and principles are actually applied, and then discuss with society the necessary changes.