Portal de Periódicos da CAPES

REFLEXÕES SOBRE O DIREITO À MORADIA A PARTIR DO CASO LANCEIROS NEGROS: DA BARBÁRIE À CONCERTAÇÃO

2018; Volume: 5; Issue: 12 Linguagem: Inglês

10.22409/rcj.v0i0.639

2359-5744

Betânia de Moraes Alfonsin, Daniele Ferron D'avila,

Human Rights and Development

The paper examines an eviction that took place in Porto Alegre in the light of the right to adequate housing as dealt with in the International Covenants of which Brazil is a signatory and of the national legislation dealing with the matter. The method of analysis is the deductiveand the method of procedure adopted is the case study. It is an analysis of the application of the legislation to the case of Lanceiros Negros, demonstrating the violations that occurred in the reintegration of possession of this occupation. The study shows that Brazil faces difficulties in guaranteeing the right to housing, given that in this particular case, the right was flagrantly violated by the State, represented by the Judiciary which should protect the fundamental right to housing, and only in a second moment, after social and legal repercussions, the conflict is solved in a concerted solution between the parts.