The Structural litigation focused on homelessness: ADPFn. 976 and the need for objectivity in Structural injunctions
Name: KLEYTON SANTOS SOUZA
Publication date: 13/04/2026
Examining board:
Name |
Role |
|---|---|
| CLAUDIO IANNOTTI DA ROCHA | Examinador Interno |
| GISELE SANTOS FERNANDES GÓES | Examinador Externo |
| HERMES ZANETI JUNIOR | Presidente |
| MARCO FÉLIX JOBIM | Examinador Externo |
Summary: This study, entitled "The Structural Collective Process for Homeless People: ADPF nº 976 and the Need for Objectivity in Structural Decisions," analyzes the application of the structural collective process as a technique for enforcing the fundamental rights of homeless people, from the perspective of the Claim of Non-Compliance with a Fundamental Precept (ADPF nº 976), currently pending before the Federal Supreme Court. The first part of the study, from a dogmatic perspective, analyzes ADPF nº. 976, which is recognized as a structural claim and a paradigmatic case within the scope of the Federal Supreme Court. The study examines the content of the preliminary injunction rendered in the respective ADPF and its binding effects. The second part presents a critical approach to the need for objectivity in the formulation of structural judicial decisions and the challenges related to the implementation of structural public policies through the judiciary. In the third part of the study, the discussion is deepened regarding the importance of interinstitutional cooperation among the public sector, the private sector, and civil society in structural claims, highlighting the Public Prosecutor’s Office and the Public Defender’s Office as bodies capable of acting to overcome state omissions when confronted with the protection of vulnerable groups. Finally, the fourth part presents an analysis of the implementation of the decision rendered in ADPF nº. 976 at the federal, state, and municipal levels, adopting a methodological focus on the State of Espírito Santo and the Municipality of Vitória, highlighting the persistence of a scenario of institutional disorganization, reflecting the practical limits of judicialization in the context of extreme vulnerabilities.
