Quando o teto floresce o direito: uma análise dos efeitos jurídicos do programa "moradia primeiro” na garantia do mínimo existencial à população em situação de rua.

Abstract

The present study analyzes the legal effects of the Housing First Program in guaranteeing the minimum subsistence level for homeless people in Brazil, from the perspective of the right to housing as a central axis for the realization of fundamental rights. Based on an interdisciplinary approach, the study examines the relationship between the lack of decent housing and the systematic violation of other social rights, such as health, safety, and human dignity. The research adopts a qualitative methodology, with a review of legal sources, public policies, and sociological data, as well as an analysis of specific cases from the Housing First Program in Curitiba and Porto Alegre. It demonstrates that the traditional model of housing policies in Brazil, based on progressive stages and conditionalities, has proven ineffective in overcoming chronic homelessness. In contrast, the program, inspired by the international Housing First paradigm, ensures permanent and unconditional housing as the first step toward social reintegration, breaking with the meritocratic and hygienist logic. The results show that the immediate guarantee of stable housing promotes ontological security, allowing for long-term planning and the reconstruction of social ties; a reduction in vulnerabilities, with significant improvements in the mental and physical health of beneficiaries; and greater effectiveness of the minimum subsistence level, by enabling access to work, education, and public services. Data from the experiences analyzed reveal retention rates of over 85% in the housing units, in addition to a decrease in the problematic use of psychoactive substances and hospital admissions. It is concluded that the Housing First Program represents a legal and social advance by recognizing housing as an indispensable right for human dignity, as provided for in Article 6 of the Federal Constitution. The research reinforces the need for evidence-based public policies and highlights the urgency of expanding the program, overcoming obstacles such as the invocation of the “reserve of the possible” and budgetary discontinuity.