Estado de coisas inconstitucional e a ADPF n° 976/DF: a população de rua no Brasil ao encontro da condição de cidadania

Abstract

This article analyzed the guarantee of constitutional rights for the homeless population and its impact on their citizenship status, starting from the declaration of the Unconstitutional State of Affairs (ECI) decreed in the Action of Non-Compliance with Fundamental Precept 976/DF, judged by the Brazilian Supreme Federal Court (STF). The objective was to investigate the origin of the ECI, its effects, and criteria compared to the first case judged by the Colombian Court, and how this legal concept was imported into Brazil. The functioning of constitutional jurisdiction, the legal instruments provided in the Constitution, and the decision-making techniques of the STF were described. The normative landscapes of public policies aimed at the homeless population and their effectiveness were also examined. The methodology used was explanatory research to analyze the phenomenon of the ECI. Data collection and bibliographic research were conducted, searching for norms, books, doctrines, as well as case law involving discussions on the subject. Through this study, it was demonstrated that the social vulnerability of homeless individuals is closely linked to the state's omission in implementing existing public policies, considering the work of research conducted by professionals in the social assistance sector of federal entities and municipal agencies.