This research aims to analyze the importance of democratic jurisdiction to guarantee instrument of (re) affirmation of fundamental social rights of the elderly to care benefit. The health care protection of the elderly is of great importance due to the considerable increase in the age group of the population and the need to promote minimum living conditions for vulnerable people who are in social and economic inequality situation. For this research we used the Inductive Method. Regarding the techniques, Category, Operational Concept and the Bibliographical Research they were triggered.