The disembargator José Manoel Ribeiro de Paula, from the Justice of São Paulo, overturned, this Friday (31), the decision of judge Juliana Brescansin Decarchi Molina, which prevented the city hall of the capital of São Paulo from removing, from the central region, tents and belongings of the homeless population. The magistrate’s injunction, linked to the 7th Public Treasury Court, had been granted in response to a popular action by federal deputy Guilherme Boulos (PSOL-SP), Father Julio Lancellotti, Pastoral do Povo da Rua, and other representatives of social movements. . The decision injunction had come out in mid-February.
In an order, the judge presents, among the justifications, the “non-appropriation of popular action” and says that “the initial petition does not point out specific omissions” of the city hall, with regard to urban janitorial services. Ribeiro de Paula also states that the authors of the action “do not even indicate evidence of illegality in the actions of the Municipality, which works to guarantee shelter to the street population and face the lack of housing”.
In addition, it maintains that the action would be based on the violation of Municipal Decree No. 59.246/2020, when it refers to the collection of belongings of homeless people. According to him, in fact, the device authorizes the removal of objects that impede the free movement of pedestrians and vehicles.
The judge finalizes the document noting that the injunction is suspended until the Court of Justice of São Paulo (TJSP) defines the course of the case.
In early February, Boulos presented a survey that counted more than 42,000 homeless people in the city in 2022. The number is 30% higher than the official census, prepared by the city hall, which identified around 31,000 people.
