Limites e possibilidades da resistência civil e da ação/oposição judicial às remoções injustas

Abstract

This thesis aims at the investigation of the limits and possibilities of civil resistance and legal opposition to unjust removals in this case, specifically through the special use concession for housing purposes. The theory of the right of revolution, of liberal origin and founded on freedom as the greater good of human dignity, contemporaneously treated as civil disobedience or insurgency against the established legal order, is seen as an extreme measure, since within the democratic rule of law , the citizen is granted the right of action, or opposition from lawsuits. If the constitutional law gives ballast to forecast urban instrument of property in possession of security the possessor to fill the constitutional requirements, the subjective right ensuing gives it the right to it pleads the state through legal proceedings, including to prevent the occurrence of forced removals. There are times, however, when the expected action of filing can destroy the good or right, others on the path of political resistance transcends the action / legal opposition. As an example of desforço an episode related to the case of the Horto Florestal community in Rio de Janeiro and the street pressure resistance is analyzed, the community Favela Metro-Maracanã, which remained close to their place of origin and belonging by account of his political strength. Therefore, research unravels the concept of social rights to housing, from the perspective of the right to urban space and the social function of the city, property and ownership. The right to adequate housing is seen in the national and international orbit, so that tenure security issues are visited then for the protection against unjust removals and a full regularization urban context, joining the land aspect and also social . To illustrate the history of resistance and the right of action against removals, historical aspects of urban policy housing in the city of Rio de Janeiro in the last century, the issue of occupation of urban space and how much she contributed to segregation will be analyzed socio-spatial. The methodological approach of the research is the analysis of removals by three distinct aspects. The first, from a philosophical point of view, regarding the moral right to resist. The second, the historical, which focuses on the analysis of removal according to the history of the city of Rio de Janeiro, notably the end of the period of the nineteenth century to the late twentieth century and early twenty-first century. And yet, the legal aspect concerning the avoidance of unfair and forced removal by the use of the use concession for housing purposes (CSUH), provided for in art. 183, paragraph 1 of the Constitution and the MP 2220/2001. In all cases, the theoretical methodology was deductive, and, at last, there was also empirical research. The hypothesis - that it is possible to resist and / or oppose, via right of action (in this case, special use concession of action for housing purposes), the unjust removals - was confirmed, although in judicial practice, not it recognizes not only the liberal vision of the public property law but also, due to the ignorance of the citizens themselves.