The ageism in aging through an analysis of the Extraordinary Appeal with Interlocutory Appeal (ARE) 1.309.642

Abstract Age is one of the first characteristics observed in others. Ageism arises when age is used to categorize and divide individuals based on attributes that cause harm, disadvantage, or injustice, thereby undermining intergenerational solidarity. Ageism harms health and well-being and poses a significant barrier to the development of effective policies and actions for healthy aging, as recognized by the Member States of the World Health Organization (WHO) in the Global Strategy and Action Plan on Aging and Health. Based on these considerations, this study sought to analyze the judgment in ARE 1.309.642 to understand that the mere age of 70 does not render an older adult incapable, as there is no presumption that reaching a certain age entails a lack of consciousness or cognitive attributes. Additionally, it reflects on ageism in the context of marriage among older adults. On the contrary, aging is a normal, inevitable, and irreversible life process marked by specific biopsychosocial changes associated with the passage of time, but it is not a disease.