VIOLATION OF CONSTITUTIONAL GUARANTEES: A LEGAL-SOCIAL ANALYSIS OF THE WORK QUARTER DE DESPIJO BY CAROLINA MARIA DE JESUS

Abstract

Considering that the legal-social analysis of the work “Quarto de Despejo”, by Carolina Maria de Jesus, has important social relevance as it portrays the social vulnerabilities experienced by the author, seeking daily survival in the Canindé favela, and by other residents who also suffered with social exclusion. This autobiographical work allows us to understand and analyze the social vulnerabilities faced by individuals belonging to the marginalized layers of society, similar to what is currently happening in the country. This study analyzes how Carolina de Jesus' work highlights violations of constitutional guarantees, and how these issues persist and are (re)interpreted in contemporary times in light of the 1988 Federal Constitution. To do so, it was necessary to compare the historical-social context of work “Quarto de Despejo” (1960) and the present, establishing connections between the analysis of the work and the relevant legal theories and concepts. A documentary and bibliographical research was then carried out. In view of this, it was found that there are violations of constitutional guarantees in the historical context of the 1950s, as well as in contemporary times. Furthermore, there is also governmental (dis)commitment to public policies, where it was possible to conclude that there are violations of constitutional guarantees in society in the 1950s and in today's society, in light of the 1988 Federal Constitution.