Reflections on the right to housing from the case negroos: from barbárie to concertation

• Autor(a) principal: Alfonsin, Betânia de Moraes
• Data de Publicação: 2019
• Outros Autores: D'avila, Daniele Ferron
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Scientia Iuris (Online)
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/iuris/article/view/34841
• topic: Direito à moradia. Direitos Humanos. Resolução de conflitos possessórios; Housing rights. Human rights. Resolution of possessory conflicts.

The paper examines an eviction that took place inPorto Alegre in the light of the right to adequate housing as dealtwith in the International Covenants of which Brazil is a signatoryand of the national legislation dealing with the matter, bringingto the reader the legal protection that exists on the subject. The method of analysis is the deductive, therefore, and the method ofprocedure adopted is the case study. The following is an analysis ofthe application of the legislation to the case of Lanceiros Negros,demonstrating the violations that occurred in the fulfillment of thewarrant for the reintegration of possession of this occupation. Thestudy shows that Brazil faces serious difficulties in guaranteeingthe realization of the right to housing, given that in this particularcase, the right was flagrantly violated by the State, representedby the Judiciary, which should protect the fundamental right tohousing, and only in a second moment, after serious social, legaland political repercussions, the conflict is solved in a concertedsolution between the occupants, Public Powers and responsiblepublic agencies. In the conclusions, is emphasized the pedagogicalrole of the case in relation to future cases.