Direito social fundamental à moradia para a população em situação de rua: análise fática a partir da realidade de Salvador-BA

Abstract

The lack of housing has become a problem common to large Brazilian cities, and the city of Salvador does not escape this reality. Walking around the Bahia capital and finding people and even entire families in a street situation has become part of the historical landscape. It is recurrent to witness the miserability of human beings who live wandering under subhuman conditions, in contrapart, with the same chance that we are faced with people in such a situation, also, we find abandoned real estate, at the mercy of real estate speculation. Most people are homeless, that is, individuals who have lost their homes or never possessed them. In spite of such reality, the Magna Carta covers housing as a fundamental social right and as some data show there are enough houses to meet all this demand. This work, therefore, aims to analyze the effectiveness of fundamental rights for street people in the city of Salvador and, from this analysis seeks to study this social reality in the face of constitutional and infraconstitutional guarantees that the population in situation of street has, in addition to the treatment given to the right to property and the requirement of fulfilling its social function.