“Nada para nós, sem nós”: expressões sociais, monitoramento político e efetividade dos direitos das pessoas em situação de rua em Maceió-AL

Abstract

This dissertation presents a broad investigation into the condition of homeless people (PSR) in the city of Maceió-AL, analyzing their integration into local social, economic, and historical structures. The study emerges from the urgency to understand the structural dynamics that perpetuate the marginalization of these individuals, as well as to evaluate the effectiveness of public policies and legal actions aimed at protecting their rights. Furthermore, it is important to highlight the scarcity of studies on PSR, especially at the Law School of Alagoas, where there is no dissertation work on the subject. Based on this, the question is: why study the homeless population? The central problem of the research lies in the (in)effectiveness of the rights of PSR in Maceió, evaluating, based on the theoretical framework adopted, not only the existence of specific public policies, but also how these are implemented and monitored, considering the socioeconomic and political contexts of the city. The objectives outlined cover three distinct fronts: first, it seeks to describe the socioeconomic and organizational reality of PSR in Maceió. Second, it seeks to observe the historical roots of urban poverty and social inequality in the city, considering categories such as class, race, gender and the notion of "abject bodies" in the perpetuation of the marginalization of PSR, from the axis of coloniality. Finally, it aims to evaluate the effectiveness of public policies and the processing of legal actions in the protection of the rights of PSR in Maceió, including a critical analysis of the measures implemented and the impact of local events, such as the mission of the National Human Rights Council (CNDH) in the city. The theoretical framework adopted encompasses concepts of urban poverty, social representations, coloniality, racism and abject bodies, anchored in the theories of Milton Santos, Serge Moscovici, Anibal Quijano, Frantz Fanon, Abdias do Nascimento, Silvio de Almeida and Taniele Rui. This theoretical basis provides an understanding of the complexity of this social phenomenon. Regarding the methodology, an approach that combines historical-dialectical materialism with participant observation techniques and documentary analysis is adopted. Data collection includes the observation of meetings of the National Movement of the Homeless Population (MNPR) in Alagoas and the analysis of documents such as meeting minutes and messages from the WhatsApp group used by the Movement. The dissertation is structured in three distinct chapters: the first, entitled "Materiality: Homeless People in Maceió-AL", explores the economic and urban development of the city, characterizing the homeless population and the challenges faced, using documentary analysis of a WhatsApp group, participant observation and collection of oral reports. The second chapter, "Constructed Nature of the Homeless Situation", revisits demographic data, highlighting the predominance of black and unemployed men in this situation and exploring the historical roots of urban poverty. Furthermore, the study addresses the importance of the theory of social representations, the role of work in social life, and the influence of race, gender, and abject bodies in understanding the phenomenon of homeless people. The third chapter, "Legal Analysis of the Homeless Population at International and National Levels", investigates the international and national legal framework related to the human rights of this population, with an emphasis on the protection of these rights, as well as assesses the application of regulations such as the Federal Constitution and the National Policy for Homeless People, highlighting relevant challenges and initiatives. The results of this research include an analysis of the reality of homeless people in Maceió, an understanding of the historical roots of urban poverty in the city, and perspectives on the ineffectiveness of public policies in protecting their rights. Among the main demands identified were violence, police abuse, difficulty in investigating homicide cases, social cleansing, lack of housing, lack of adequate social assistance and health care, lack of documentation and difficulty in accessing public services, lack of attention to the proposals and demands of the PSR and the inefficiency of the municipal plan. In continuation, the complex network of social, economic and historical relations that contribute to the understanding of the phenomenon stands out, evidencing that it is not a natural aspect, but rather a social construction based on human relations, as highlighted by theoretical references. The data presented corroborate this view, with a majority of homeless people being black and unemployed, pointing to the intersection between racism and class. The historical analysis reveals how economic transformations, especially in the context of capitalism, play a fundamental role in the perpetuation of urban poverty. The critical analysis of neoliberalism highlights the promotion of the individualization of failure, holding individuals themselves responsible for their precarious situation, while dismantling social protections and maintaining social inequality. It also shows that racial conflicts are intrinsically linked to institutions, emphasizing that racial inequality does not result only from isolated actions of racist individuals or groups, but also from institutions dominated by certain racial groups that use institutional mechanisms to promote their political and economic interests. This perspective of coloniality places power as a central element in racial relations, overcoming the individualistic analysis limited to isolated behavior. The category of abject bodies also demonstrates that the bodies of the PSR are considered illegitimate and dehumanized, targets of welfare and repressive policies that aim to both recover and eliminate them, on the grounds of the disruption of social norms. The legal analysis reveals the ineffectiveness of public policies in protecting the rights of the PSR, despite constitutional provisions. The mission of the National Human Rights Council, carried out in November 2023, highlighted the violence against this population in Maceió, highlighting the need for effective legal and political responses. Among the recommendations of the CNDH, it was highlighted that challenges remained, which are embodied in the reduced time of the mission, the limitation of visits to strategic entities and detailed inspections. The CNDH recommendations highlight the urgent need for structural measures to guarantee the safety, protection and rights of the homeless population in Maceió. The interaction between the international and national human rights systems, as well as the implementation of specific policies such as the National Policy for the Homeless Population, are fundamental steps towards promoting social justice and material equality in Brazil. This analysis highlights the complexity and urgency in addressing the issues that affect the homeless, pointing to the need for coordinated actions, transparency and effective commitment to human rights at all levels of government.