Parliamentarians sent a letter to the minister of the (Supreme Federal Court), asking that the destruction be determined, within 24 hours, of the .
The wall, 40 meters long, was built at the request of the City of . The barrier separates drug users from pedestrian and vehicle traffic on Rua General Couto de Magalhães, in the Luz region, central São Paulo.
The letter is signed by federal deputy Luciene Cavalcante (PSOL-SP), by São Paulo state deputy Carlos Giannazi and by São Paulo city councilor Celso Giannazi.
Moraes is the rapporteur of the Claim of Non-compliance with Fundamental Precepts, which deals with compliance, by states and municipalities, with the guidelines of the National Policy for the Homeless Population.
In the document, the parliamentarians state that the parameters of the ADPF precautionary decision are being disrespected by the City of São Paulo.
“By erecting a wall that isolates and socially excludes people living in Cracolândia, the Municipality commits a brutal and unconstitutional attack against the set of fundamental rights enshrined in the Federal Constitution, denying human dignity and violating basic principles of equality, freedom and access essential rights”, they write.
The letter requests that the wall be destroyed within 24 hours, “as it imposes social exclusion and prevents the implementation of appropriate public policies for the homeless population, as well as that a daily fine be imposed for the São Paulo City Hall, as a way of coercing compliance with the STF decision.”
When contacted, City Hall reported that the open scene of use has been concentrated on Rua dos Protestantes since August 2023 and that, between January and December of last year, there was a 73.14% reduction in the average number of people in the area.
“The reduction in flow at the site is due to the improvement of referrals made by the Health and Social Assistance teams, the expansion of Public Security actions with the use of cameras and technology and strategies to prevent new people from returning to the CAU (scene open for use)”, he indicated.
He also challenged the “dissemination of unfounded conclusions regarding the unprecedented reception and health care work” carried out on Rua dos Protestantes.
According to City Hall, the wall was installed in May 2024 where there were already metal fences to close off a public area. “Its replacement was carried out to protect people in vulnerable situations, as well as residents and pedestrians, and not for ‘confinement'”, indicates the management.
Furthermore, he says that the sidings were frequently broken, “posing a risk of injury to these people. Hence, the replacement with masonry.”
“To guarantee security, access and service to people occupying public land, the City Hall removed the fences on the side of Rua dos Protestantes, opening up the area. The section next to Rua Couto de Magalhães was maintained to protect them as a result of the flow of vehicles on the road and circulation on the sidewalks”, writes the City Hall, which said it had made improvements to the floor of the occupied area for people in vulnerable situations.
“Therefore, the statements that the municipal administration acted in the region with interests other than assistance and reception for vulnerable people in the Open Use Scene are not true.”
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