Despejos e remoções forçadas em imóveis públicos urbanos: o reconhecimento da posse urbanística

Abstract

The irregular occupation of urban public properties by people in situations of social vulnerability is still a very present situation in the Brazilian land tenure reality, especially in the Amazonian context. This irregular situation reflects on the insecurity of the exercise of possession by such occupants, keeping them in a circle of precariousness in which the threat or the realization of displacement and forced removals presents itself on a daily basis. Therefore, this research intends to analyze the possibility of recognition of possessory rights over urban public properties to vulnerable occupants, regardless of a specific administrative act, that is, by the simple exercise of possession, under the prism of fundamental and human rights and the norms of law urbanistic. Using the deductive method, it analyzes the legal protection in forced urban evictions at the international and national levels, in order to then promote a new understanding of the legal relationship between the State and the citizen, in which such possession is seen as an expression of the human and fundamental right to housing, the right subjective, definitive and binding, according to the perspective of the theory of fundamental rights by Robert Alexy, as well as from the perspective of the theory of human development proposed by Amartya Sen. Under this thought, the investigation ends by unraveling the existence of a possessory phenomenon in the urban sphere, which we call “urbanistic possession”, similar to the autonomous possessions recognized in the agrarian sphere, which results in negative and positive obligations on the part of the State towards the citizen. , especially outlined in the context of national and international protection against evictions and forced evictions.