Between theory and practice analysis of the effectiveness of the guidelines of the National Policy for the Homeless Population at the national level

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Luis Fernando Moreira
Sabrina Bueno de Oliveira
Danilo de Oliveira

Abstract

The Brazilian socioeconomic situation, permeated by the reality of poverty that reaches the most extreme levels, raises a deep legal and bibliographical reflection regarding the homeless population, about the discrepancy between the constitutional precepts that enshrine human rights and the effective implementation of these in the social field, notably among the disadvantaged who populate the streets of our cities. This study focuses on this population contingent, whose minimum existential means are systematically diluted within the scope of public policies, reverberating in social assistance surveillance, thus aiming at an analysis of the practical effectiveness of these public policies, especially regarding the inalienable right to housing, a central element of a dignified existence for leaving the streets. This is a qualitative research, with a descriptive approach from a critical-narrative perspective. It was concluded that the National Policy for the Homeless Population has its own orientation for the demand, however, it still lacks other approaches capable of increasing and implementing the application of the established guidelines.

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Author Biographies

Luis Fernando Moreira, Pontifical Catholic University of São Paulo

Bachelor of Laws from the Faculty of Law of São Bernardo do Campo (2020). Master's student in Law, specializing in Human Rights, at PUC-SP.

Sabrina Bueno de Oliveira, Pontifical Catholic University of São Paulo

Bachelor of Laws from the Armando Álvares Penteado Foundation. Postgraduate degree in Business Law from the Getúlio Vargas Foundation of São Paulo. Master's student in Human Rights at the Pontifical Catholic University of São Paulo. Lawyer.

Danilo de Oliveira, Pontifical Catholic University of São Paulo

Professor in the Graduate Program in Health Law at UNISANTA. Coordinator of the Research and Scientific Production Center of the Law Course at UNISANTA. Assistant Professor in the Master's Program in Human Rights at PUC-SP. PhD and Master's in Law from PUC-SP. Specialist in Public Law with an emphasis on Constitutional Law. Coordinator of the 2nd Region of the ESA of the OAB-SP (São Paulo Bar Association). Coordinator of the Observatory for the Implementation of the SDGs of the OAB-SP. Author of the books: "So, when will I retire?", "Right to Development: content, legal nature, state ties and effectiveness", "Hermeneutics of Development" and "Brazilian System of Judicial Precedents". Editorial Board Member of the Brazilian Journal of Constitutional Law - RBDC. Researcher of the CNPq Research Group "Human Rights, Sustainable Development and Legal Protection of Health". Lawyer.

How to Cite

MOREIRA, Luis Fernando; OLIVEIRA, Sabrina Bueno de; OLIVEIRA, Danilo de. Between theory and practice: analysis of the effectiveness of the guidelines of the National Policy for the Homeless Population at the national level. Unisanta Law and Social Science, Santos, v. 13, n. 1, p. 54–73, 2024. DOI: 10.66221/v13n1p54. Disponível em: https://periodicosunisanta.ojsbr.com/LSS/article/view/962. Acesso em: 17 mar. 2026.

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