O direito humano e fundamental à moradia adequada: diretrizes da Organização das Nações Unidas sobre os casos de despejos forçados

Abstract

The human and fundamental right to decent housing and its protection mechanisms have been studied. The urban crisis is examined since its origin under Brazil‘s late industrialization process, based on low wages and tolerance toward irregular self-built occupation of land. The financialization of housing is characterized by the suppression of the concept of housing as a social value, turning it into a profitable business and a financial asset. Brazilian state transfers the debt to families by means of a subvention policy for individual private property. There is a wide variety of national and international norms regarding the protection of the right to adequate housing, which also limit forced evictions. Many demands concerning possession are decided by the Brazilian judiciary, which lacks greater involvement with social issues and has been quite disconnected from the latest juridical innovations, since the right to property is still considered to be absolute, regardless of whether the social function requirement (as provided for in the Federal Constitution of 1988) is being adhered to or not. This position has been interfering with the constitutional requirement to fulfill the social function of property. In addition, Brazil is a signatory of international agreements that oblige it to comply with specific procedures in cases of forced evictions, but there are strong indications of violations of these agreements, such as Pinheirinho in São José dos Campos, São Paulo, in 2012.