Detalhes bibliográficos
| Ano de defesa: |
2024 |
| Autor(a) principal: |
Oliveira, Flávia Roberta de Gusmão
 |
| Orientador(a): |
Teixeira, João Paulo Allain |
| Banca de defesa: |
Leite, Glauco Salomão,
Santos, Gustavo Ferreira,
Nascimento, Luciano,
Gómes, Anahí Veronica Josefina Urquiza |
| Tipo de documento: |
Tese
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Universidade Católica de Pernambuco
|
| Programa de Pós-Graduação: |
Doutorado em Direito
|
| Departamento: |
Departamento de Pós-Graduação
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
http://tede2.unicap.br:8080/handle/tede/1993
|
Resumo: |
The protest movement for housing, in particular those related to the Zero Desire Campaign, was the object of analysis in this research, which begins with the presentation of the categories of Niklas Luhmann's systems theory. To observe the communications that gave rise to the aforementioned campaign, political and legal statements about the object of the research were collected on the internet. Political communications were collected from news that dealt with the subject, as well as relevant legislative proposals, collected from websites of the legislative assemblies of all Brazilian states, as well as the legislative chamber of the Federal District (DF), in addition to the Senate website Federal and the Chamber of Deputies. The sample universe was the debates around the bills on the topic in the states and the DF and Bill 827/2020, which was approved and became Law No. 14.216/2021. The documents analyzed were reports, opinions, minutes, proposed amendments, vetoes, thematic debates, all available in written form and in videos. The legal communications were the documents of Action for Non-Compliance with Fundamental Precepts (ADPF) No. 828, judged by the Federal Supreme Court. By focusing on organizations that demand better housing conditions, it was identified that the exclusionary scenario of the Brazilian housing deficit is characterized by the peripheralization of the poor classes, real estate speculation and the lack of an inclusive housing policy. The Zero Eviction Campaign, organized during the coranavirus pandemic period, used legal devices to suspend eviction actions from irregular occupations, making it possible for people to be evicted during the pandemic period. The “stay at home” guidance, as a means of avoiding Covid-19 contagion, was a central argument. Data analysis was guided by the circular reflective methodology, which allowed a departure from the epistemological bias of causal linearity, allowing, using the theory of differentiation, to select the marked and unmarked side of the communications object of the research. In view of this, an intensification of communications related to the fight for housing was observed, in the context of the coronavirus pandemic, due to the actions of social movements, in particular with the actions of the Zero Evictions Campaign. The housing struggle movements were treated as protest movements, in the Luhmannian sense, therefore, as an autonomous and autopoietic social system. As a social system, it experiences interpenetration with other social systems, which led us to focus on the repercussions between the housing protest movement and the political and legal systems. With the research, we observed that the recursion of communications led to the delineation of a a broader sense of the right to housing and aligned with the perspective of the social function of property, which had been recognized since the promulgation of the Federal Constitution of 1988, but which is often questioned in name of legal security and the right to property. Such a change in meaning can be observed in the political sphere, with the approval of laws on the subject in several states and in the Federal District, in addition to the approval of federal law 14.216/2021, and in the legal sphere the decisions surrounding ADPF nº 828 also demonstrated the repercussions of housing protest movements on the construction of law. We also observed that this change in meaning was not restricted to the pandemic period, since then developments on the topic were observed, such as the need to humanize evictions that we emphasized in our resear. |
