A Analysis of the Granting of a Precautionary Measure in ADPF 976 in Light of John Rawls’ Theory of Justice

REFLECTIONS ON THE MITIGATION OF STRUCTURAL VIOLENCE

Abstract

This article analyzes the decision rendered by the Federal Supreme Court (STF) in the Allegation of Violation of a Fundamental Precept (ADPF) No. 976 in light of John Rawls’ theory of justice, focusing on the mitigation of structural violence. The objective is to investigate how the granting of the precautionary measure determined by the STF can be understood under the principles of justice as fairness, especially in the context of structural inequalities affecting the homeless population. Initially, the text examines Rawls’s conception of justice, emphasizing the concepts of fairness and the fair distribution of primary goods, relating them to the fight against structural violence. It then discusses the social and legal effects of the decision that granted the precautionary measure in ADPF 976, highlighting its impact on the recognition of the fundamental rights of this population. Finally, it analyzes how this decision contributes to the mitigation of structural violence, aligning with Rawlsian principles of prioritizing the most vulnerable and promoting basic conditions of dignity and social inclusion. The research has exploratory objectives and adopts the hypothetical-deductive method, combining bibliographic and documentary analysis with a qualitative approach. As a result, it is concluded that the STF’s decision, by recognizing the "unconstitutional state of affairs" faced by homeless people and ordering the restructuring of public policies aimed at this population, effectively embodies the principles of John Rawls’s justice as fairness. This decision marks progress in the implementation of fairer policies aimed at protecting the most disadvantaged.