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

Abstract

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, bringing
to the reader the legal protection that exists on the subject. The method of analysis is the deductive, therefore, and the method of
procedure adopted is the case study. The following is an analysis of
the application of the legislation to the case of Lanceiros Negros,
demonstrating the violations that occurred in the fulfillment of the
warrant for the reintegration of possession of this occupation. The
study shows that Brazil faces serious difficulties in guaranteeing
the realization of 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 serious social, legal
and political repercussions, the conflict is solved in a concerted
solution between the occupants, Public Powers and responsible
public agencies. In the conclusions, is emphasized the pedagogical
role of the case in relation to future cases.