(In)efetividade do reconhecimento do estado de coisas inconstitucional para solucionar a problemática das pessoas em situação de rua

Abstract

This work has the general objective of analyzing the effectiveness of recognizing the unconstitutional state of affairs to minimize the difficulties faced by people living on the streets. To do this, initially, we aim to report the reality experienced by this part of the population, highlighting the fundamental rights that have been violated. Next, it aims to demonstrate the existence of the Unconstitutional State of Affairs in the case of homeless people in Brazil, addressing the historical context of the creation of this term, as well as the main criticisms that permeate this subject. Furthermore, the relationship between the unconstitutional state of affairs and structural processes and non-normative unconstitutional omissions will be demonstrated. After this, the applicability of the precautionary measure granted in ADPF 976 is analyzed, highlighting its positive and negative points. Finally, we seek to discuss the real impact of recognizing the Unconstitutional State of Affairs to solve the problem in question. To carry out this research, a qualitative study was used, of a bibliographic nature, pure, secondary research and with descriptive analysis. As a result, it is understood that the declaration of the unconstitutional state of affairs, in isolation, does not have the power to change the reality of people living on the streets. Therefore, it is essential that this recognition is accompanied by an institutional dialogue between the Powers and that the Judiciary makes a flexible structural decision, with its compliance monitored, on an ongoing basis, by this power.