Quem conta o ponto?: uma análise do Estado de Coisas Inconstitucional da conjuntura de produção de dados relativos à população em situação de rua a partir da ADPF 976

Abstract

The production of data in relation to the Homeless Population is a challenging topic. This work is dedicated, based on ADPF 976, to investigate the Unconstitutional State of Affairs - USA of the data production regarding the Homeless Population, seeking to understand through the databases cited in the action whether the insufficiency of data production constitutes an USA and how this violation of rights occurs. From this case with a global aspect, we begin to approach, with a focus on the legislative framework, the specific databases of IBGE, CadÚnico and Municipal Diagnostics, in a local investigation proposal. Such investigation, guided by Bruno Latour's network methodology, known as Actor Network Theory, allows, through the net of actions involving actors from Civil Society, Justice Institutions, Legislative Power and Executive Power, Specialists, among others, to follow the flow of a demand long sought by the population group and which of these actors are mediators, taking the action forward, and which are just intermediaries, letting it extinguish. In this sense, it is concluded that, even if there is no legislative exclusion of the homeless population, regarding their effective inclusion in the databases, there is an omission by the executive, which severely worsens access to rights by creating ineffective public policies or ignore the need for them.