O direito à moradia e seu papel no processo emancipatório das mulheres em situação de rua

Abstract

The number of homeless people in Brazil is only increasing, especially women. In the city of São Paulo, this is also a reality. The latest research conducted by São Paulo City Hall, called the PopRua 2021 Census, found this increase, and also found that 35% of women left their homes due to family conflicts, and 28.5% of these women left their houses because they had been victims of domestic violence. In view of this problem, it is necessary to study the right to housing from an intersectional gender perspective. To accomplish this, we need to study the advent of constitutionalism up to the emergence of the welfare state, as well as fundamental social rights. In Brazil, the 1988 Federal Constitution should be studied, as well as Constitutional Emendation 26/2000, which elevated the right to housing to the status of a social right. After explaining the dimensions of the right to housing through androcentric law, an intersectional gender analysis of the right to housing and the absence of this right will be carried out from the perspective of homeless women. The purpose of this dissertation is to analyze the significance of the right to housing for women who have fled their homes due to domestic violence, and to examine the legal frameworks and pathways necessary to ensure the protection of their rights. Through this study, the research aims to explore how housing is not only a basic necessity but also a critical component in safeguarding the autonomy and security of these women, and to propose legal mechanisms that better address their specific needs and vulnerabilities