É na lei ou na realidade?: debates a respeito da construção de um direito fundamental a não estar em situação de rua para crianças e adolescentes

Abstract

In this research, the objective is to discuss the possibility of constructing a fundamental right not to be in the street situation for children and adolescents, based on a critical and decolonial theoretical-methodological conception that allows rethinking the structures of the Integral Protection Doctrine based on subjects themselves, with their struggles, subjectivities and knowledge of what the Law is, the street situation and the contradictions between the law and reality regarding access to fundamental rights. It is taken as a theoretical assumption that the street has a plurality of meanings and that accessing it is a right, as long as there are adequate conditions. To this end, a qualitative study was carried out, using bibliographic, documentary and field procedures, carried out through interviews and focus groups, during the months of June and August 2022, in which, in the first case, 6 professionals and 5 family members participated, and, in the second, 41 teenagers and young people who take part in the activities of the Abrace Project, developed by the Associação Beneficente O Pequeno Nazareno (OPN) in the region of Cais do Porto, Mucuripe, Praia do Futuro and Vicente Pinzón, neighborhoods located on the eastern edge of the city of Fortaleza. The structuring, collection and analysis of data from field research were carried out based on the methodology established by Thematic Research, according to the guidelines of Duque-Arrazola, Thiollent and Pinto (2014), providing, from the Investigative, Thematization and Action Programming moments, a closer approach to the subjects participating in the research in search of knowledge-with. In this way, it is observed that the street situation of children and adolescents is associated with the coloniality of being, knowledge and power, which promotes the invisibilization of these subjects, and that public policies and fundamental rights need to be rethought to guarantee the protection of the assets that are essential to them according to their own understanding.