The Homeless Population and the Federal Supreme Court (STF): a look at the Allegation of Non- Compliance with a Fundamental Precept (ADPF) No. 976

Abstract

This essay provides a critical analysis of the disparities between the constitutional rights guaranteed in Brazil and the actual experiences of the homeless population, underscoring the ongoing human rights violations within a context of structural state failures. It focuses on the harsh daily realities of rights violations such as housing, safety, and access to essential services, illustrated by tragic incidents like the Sé Massacre and recent police-involved killings. The author argues that the experiences of the homeless population represent an "unconstitutional state of affairs" (ECI), a legal concept from the Colombian Constitutional Court. This concept encapsulates situations where there is a massive and systematic violation of fundamental rights due to structural deficiencies of the state, necessitating judicial actions that foster extensive political reforms. In this vein, the "Arguição de Descumprimento de Preceito Fundamental" (ADPF) No. 976 is discussed as a potentially transformative mechanism, though its effectiveness has not yet manifested in tangible changes for the homeless, as indicated by the limited engagement of federal entities with the National Policy for the Homeless Population and the absence of accurate demographic data.