Brazil’s top court weighs in against forced evictions of homeless people

On Sunday, 20th August 2023, a majority of Brazil’s Supreme Federal Court (STF) favored prohibiting the forced eviction of homeless individuals.

This ruling reinforces the earlier verdict from Justice Alexandre de Moraes on 25th July, directing the federal government to devise a comprehensive strategy addressing the issue within 120 days.

The ruling is being considered in a virtual session, a procedure where judges register their votes without an open discussion, set to conclude by the end of Monday, 21st October 2023. Five votes are still pending.

Moraes’ directive came in response to a petition lodged in the Supreme Court by political parties Psol and Rede Sustentabilidade, along with the Homeless Workers Movement (MTST).

The petitioners cited neglect by the Executive and Legislative branches in executing policies (outlined in Decree No. 7.053/2009) for the street-dwelling population.

In his verdict, Moraes emphasized the Judiciary’s role in preventing continued human rights infringements. He outlined prohibitions for states and municipalities, including:

• Initiating construction projects that exhibit hostile designs against the homeless;
• Forcibly collecting personal belongings;
• Compulsory removal of people.

Moreover, he called for training of officials to ensure they treat individuals in vulnerable situations with dignity and mandated advance announcements regarding civic maintenance schedules.

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