A Política nacional de atenção a pessoas em situação de rua e a efetivação do direito à saúde

Abstract

The historical marginalization of the homeless population, marked by structural barriers and selective invisibility, highlights the need to reflect on the effectiveness of state measures aimed at guaranteeing the fundamental right to health, especially in the context of an increasing judicialization triggered by the omission or inefficiency of public authorities in providing essential services. Accordingly, this study is based on qualitative and bibliographic research, analyzing legislation and judicial decisions, and taking the Municipality of Governador Valadares/MG as the empirical basis of analysis, chosen as a sample due to the tensions generated by the local policy “Street Is Not Home” (Rua Não é Lar) and the consequent intervention of the justice system in response to identified violations of basic rights. Thus, the monograph investigates whether the National Judicial Policy for Attention to People Experiencing Homelessness, as set forth in CNJ Resolution No. 425/2021, serves as an effective tool for overcoming bureaucratic obstacles and for implementing de-bureaucratized access to the Unified Health System (SUS). As a hypothesis, the premise is advanced that this judicial policy is an indispensable instrument for inducing public policies and ensuring human dignity, corroborating the recognition of an “unconstitutional state of affairs” in ADPF No. 976, and that its application is essential for the Public Defender’s Office and the Judiciary to act in correcting inequalities and in giving effect to the principle of equity in health care.