Antecedentes históricos, trajetória de vulnerabilização da população em situação de rua e abordagem pelo Judiciário: estado de coisas inconstitucional que levou à ADPF 976/2022

Abstract

The number of the homeless population is growing, without effective and structural measures being adopted to guarantee the rights provided for in the Federal Constitution of 1988, notably the social right to housing guaranteed in its art. 6º. Considering historical factors that contributed to the segregation of this population in Brazil, the research highlights the vulnerability’s trajectories that so many brands have left and continue leaving in their existence and the importance of knowing the data that have been produced in the country and proposes the analysis of measures related to ADPF 976/2022, through which the recognition of the unconstitutional state of affairs in relation to the homeless population is required. It also analyzes judicial decisions on the subject, seeking to detail the treatment given by the Brazilian Judiciary to the homeless population. The text demonstrates the need for a paradigm shift. In addition to the need to guarantee social rights to the population while they are homeless, the work argues that it is essential to prioritize the search for a way out of homelessness.