The lack of specific legislation to deal with the homeless population in Brazil, with national parameters for care and periodic monitoring, contributes to the violation of the human rights of this part of society.
This is the view of federal public defender Charlene da Silva Borges. Current secretary-general of Institutional Coordination of the DPU (Defensoria Pública da União), she understands that the Federal Supreme Court (STF) filled a legal “gap” by determining measures in favor of homeless people.
“At least we have a judicial determination at the constitutional level, which has normative force, it is very strong”, he told the CNN . “Now we have this ban on forced removals, it will be easier to file demands and point out illegalities”.
The decision was given individually by Minister Alexandre de Moraes at the end of July, and confirmed by the plenary of the Court at the end of August.
VIDEO – Moraes orders the government to diagnose the homeless population
It was determined that the federal government should prepare an action and monitoring plan for the implementation of the National Policy for the Homeless Population, within 120 days. The document must contain a current diagnosis of the homeless population, identifying their profile, origin and their main needs.
The decision also prohibited the forced collection of goods from homeless people, the compulsory removal of this population, and measures for their safety in shelters, including support for their animals.
For Charlene Borges, public managers often end up adopting forced removal measures for this group, called “sanitizing”, due to the lack of specific rules on the subject.
“As there is still no legislation, managers often feel authorized to adopt this type of practice that violates human rights,” he said.
The National Policy for the Homeless Population itself, instituted by decree in 2009, is a “precarious” instrument to guide adequate care, according to the defender, who understands that a law discussed by Congress would be more appropriate.
“It is so heterogeneous, that some municipalities have benefits such as rent aid, shelter network, and others do not. We need to move towards standardizing this model of social benefits, and also about shelters, development networks, education, inclusion in the job market. It is necessary to involve all instances”, he said.
To date, only five states and 15 municipalities have adhered to the norm, which sought to bring a set of actions and measures to preserve the health and life of homeless people.
VIDEO – Government prepares plan for the homeless population
One of the objectives of the National Policy is the official count of the homeless population. “One of the main historical demands is the establishment of this count”, declared Borges.
The count is important because the implementation of public policies takes place through censuses, which are the fundamental database for planning state action, as she said.
“How can we establish support, reception, and promotion policies, if we don’t know how many there are, where they are, what are the characteristics of race, gender, sexuality, demographic region?”, he asks.
There are estimates about the amount of this population. A study by Ipea (Institute for Applied Economic Research), for example, indicated a total of 281,472 people, based on data up to 2022 from the Single Registry for social benefits, from the federal government, and from social assistance services.
The calculation is undersized because it only takes into account people who somehow accessed State policies, and does not take into account the most marginalized portion.
According to Charlene Borges, the theme is neglected. “The homeless population is one of the most invisible social groups we have. It can already be seen that this invisibility treatment is part of the culture. This social behavior ends up being reproduced in institutions and powers,” she declared.
Process
The action that culminated in the Supreme Court’s determinations was filed by the PSOL and Rede parties, and by the MTST (Movement of Homeless Workers). The acronyms and the movement asked the Court to order the federal, state and municipal Executives to adopt measures in relation to the inhumane living conditions of the homeless population in Brazil.
According to the decision, states and municipalities must implement measures to guarantee the safety of property and homeless people within existing shelters, with support for their animals, in addition to prohibiting the forced collection of belongings.
The compulsory removal or transportation of the homeless population is also prohibited.
In city hall urban janitorial bodies, the use of “hostile architecture” techniques against homeless populations is prohibited.
The bodies must previously disclose the day, time and place of janitorial actions “on their respective websites, in shelters, and other means in compliance with the principle of transparency of public administration acts, thus allowing the homeless person to collect your belongings and that there is a cleaning of the space without conflicts”.
Cities will have the duty to periodically carry out joint efforts of citizens to regularize documentation, register in government registers and include them in existing public policies and the creation of a program to confront and prevent violence that affects the homeless population, according to the decision.
In his decision, Alexandre de Moraes cited the concept of aporophobia, that is, the rejection and aversion to poor people, and stated that prejudice can materialize in “state acts”, such as “seizures of livelihoods and work material , destruction of belongings and aggressive approaches” often “performed by State agents”.
The Supreme Court’s determination also provides that municipalities and states must act:
- Supporting municipal and state health surveillance to guarantee shelter for homeless animals, including in contact with any private veterinary clinics;
- Making basic hygiene items available to the homeless population by federal, state, district and municipal powers.
VIDEO – STF prohibits forced removal of homeless people
Source: CNN Brasil
I’m James Harper, a highly experienced and accomplished news writer for World Stock Market. I have been writing in the Politics section of the website for over five years, providing readers with up-to-date and insightful information about current events in politics. My work is widely read and respected by many industry professionals as well as laymen.
