The manauara’s “rental aid” (municipal law n. 1.666/2012) and it’s relation with the collective unocupied

• Autor(a) principal: Santos, Joao Paulo Marques dos
• Data de Publicação: 2020
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Defensoria Pública da União (Online)
• Texto Completo: https://revistadadpu.dpu.def.br/article/view/272
• topic: Rental Assistance. Municipal Law 1.666/2012. Principle of the Dignity of the Human Person. Court of Justice of the Amazon.; Auxílio Aluguel. Lei Municipal 1.666/2012. Princípio da Dignidade da Pessoa Humana. Tribunal de Justiça do Amazonas.

The Municipal Law n. 1.666/2012 established the rental aid for those families affected by the following natural events: (i) floods (ii) landslides and (iii) other risk situations - or for public works. Recently, this law has been the subject of an unconstitutionality, in view of its very limited scope of protection, which is supposed to violate the principle of proportionality, in its modality of insufficient protection, since it does not cover persons who, although were in a situation of vulnerability, were subject to reintegration of collective possession. The interpretation given by the Amazon Court of Justice was that its scope of protection does not include people who have been removed from environmental protection areas, as it is not for the Judiciary to expand a role stipulated by the Legislative Branch. The methodology used in the work was the interpretation of the judicial decision rendered in the records of Internal Appeal no. 0000463-27.2018.8.04.0000 judged by the First Civil Chamber of the Court of Justice of Amazonas, taking into consideration the principles of the dignity of the human person , minimum existential, proportionality, legality, the rule of law, etc., all of them listed by the Public Defender's Office and the State Attorney General's Office. After analyzing the favorable and contrary positions, he concluded that the Court of Justice of the State of Amazonas ruled in its decision not to declare unconstitutional Municipal Law n. 1,666 / 2012.