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How the judiciary of São Paulo State decides social rights issues related to homeless people: rights to housing, food and health

Grant number: 18/06401-0
Support type:Scholarships in Brazil - Master
Effective date (Start): November 01, 2018
Effective date (End): April 30, 2021
Field of knowledge:Applied Social Sciences - Law - Public Law
Cooperation agreement: Coordination of Improvement of Higher Education Personnel (CAPES)
Principal researcher:Soraya Regina Gasparetto Lunardi
Grantee:Tiago Fernando Guedes de Carvalho
Home Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil
Associated scholarship(s):19/18924-0 - Public policies, social rights and access to justice for homeless people in Portugal, BE.EP.MS

Abstract

The homeless people suffers from social stigmatization, moreover, it suffers from the neglect of society and the State. The legal order established by the Federal Constitution of 1988 presents a list of Social Rights which must represent positive benefits of the State. However, it is observed that such rights are lacking in practical effectiveness, affecting the whole population, but with a greater impact on populations in conditions of social vulnerability, as is the case of the group in question. In this way, there is the search of the judiciary to ensure Social Rights, whether through collective or individual actions. At that point, another problem is verified, that is, the difficulty of access to justice in its various forms, including that embodied in access to the judiciary and in its later stages until the final provision of jurisdiction. The present work is necessary because it seeks to evaluate the content of judicial decisions emanated by the São Paulo judiciary in the demands in which are parties homeless people in the lawsuit by the Social Law of Housing, Health and Food. Such evaluation should take into account not only the decision-making mechanism, but also the merit of the requests formulated in such lawsuits, leading to the creation of indices of the demands by age group, sex and the cities in which they inhabit, as well as the evaluation of the consonance of the decisions with the constitutional objective of promoting the dignity of the human person and of the principles expressed mainly in Article 3 of the constitutional text.

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