Quem são as crianças em situação de rua? Um olhar sobre a trajetória do “Menor Pivete” ao sujeito de direitos

Abstract

The article aims to investigate the main causes that lead children to the street situation, as well as the most relevant reasons that make it difficult to reverse this increasingly growing reality. Likewise, the daily life of children on the street will be the object of study, including institutional barriers, difficulty in accessing public services, reports of violence and discrimination and the social identity formation. The research, of a qualitative nature, follows the descriptive method, and is based on bibliographic review, scientific articles and literary works on the subject, with a historical focus, aiming at understanding the process of “homeless children”; marginalization, labeled as “street children”;, “minors” and/or “kiddies”, at the time of the irregular situation doctrine, as well as the reminiscences of this process today, even when, in the light of the Federal Constitution and the Child and Adolescent Statute, in force with the Doctrine of Integral Protection, homeless children are subjects of fundamental rights, under the condition of extreme vulnerability, which requires careful attention from public policies. The article will also use normative subsidies, notably Decree 7053/2009, CNDH Resolution No. 40/2020, CNJ Resolution No. 425/2021, and General Comment No. 21 of the United Nations Committee on the Rights of the Child. Finally, it is concluded that, despite the recognition of the legal subjectivity of children after the Federal Constitution came into force, advances are still necessary in the legal treatment of street children.