The struggle of social movements against collective evictions in judicial institutions: Resolution 10 of the National Human Rights Council and the promise of change

Authors

Abstract

The struggle of social movements for land tenure and access to housing has a constant interface with the judicial institutions, which are activated for the defense of property. In Brazil, the normative system has several devices asserting that private ownership is obliged by law to play a social role, as well as the pondering of rights and mediation of disputes over land. These categories, nonetheless, are not as commonly used in courts as they could be. Based on cases that occurred in Brazil from 2018 to 2020, the present work analyzes some of the categories used in legal proceedings to defend the right of land-dwellers to stay in the area against the corresponding interpretation yielded by judicial rulings. Our data selection leans on a new disposition with solutions guaranteeing human rights and preventive measures in situations of rural and urban collective land disputes from the National Human Rights Council (CNDH), Resolution 10. Results suggest a difference between the uses expected by the social movements and their representatives and the reception of the norms by the Judiciary.


Key-words: Land disputes, Judiciary, human rights, eviction actions, possession claims, social function of property.

Author Biographies

Maria Eugenia Trombini, Max Weber Institute of Sociology

Doutoranda no Max-Weber-Institut für Soziologie da Universidade de Heidelberg, mestre em Ciência Política e Bacharela em Ciênciais Sociais pela Universidade Federal do Paraná (UFPR) e em Direito pela Faculdade de Direito de Curitiba. Foi assessora jurídica na Terra de Direitos até 2018 e acompanhou o processo de elaboração da Resolução 10 pelo CNDH.

Daisy Ribeiro, Terra de Direitos

Mestre em Direito Alemão pela Universidade
de Konstanz, na Alemanha, e bacharela em
Direito pela Universidade Federal do Paraná
(UFPR). Assessora jurídica na organização Terra
de Direitos.

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Published

2021-01-22

Issue

Vol. 56 No. 3 (2020): Setembro/Dezembro

Section

Articles

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