Resoluções judiciais de conflitos fundiários urbanos em Fortaleza-CE

• Ano de defesa: 2016
• Autor(a) principal: Gomes, Patricia Oliveira
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Palavras-chave em Português: Direito à moradia; Direito de propriedade; Ação de despejo
• Link de acesso: http://www.repositorio.ufc.br/handle/riufc/23339

The research investigates how is the performance of the judiciary of Ceará in urban land conflict resolution in private real estate, from the analysis of first-degree judges decisions in collective possessory actions filed in civil courts in the city of Fortaleza in the period of 2010 to 2014. The analysis of the decisions uses the neoconstitutionalistic paradigm, taking into account the issue of judicialization of politics, and considers that the judicial interpretation is not a formal or a scientific revelation of the truth, but is part of a discourse in which there are ideological actors that are in power relations. The research discusses the absences in the judicial treatment of the conflict, especially of the defendants, which are the occupiers, and institutional actors that have related responsibilities. From the analysis of the decisions, this work discusses how they are marked by the subjectivity of the judge; the dominance of the concept of ownership as a simple mean of property protection, to the detriment of other concepts forged in civil and urban legislation and the silence about the social function of urban property. The study questions about the special treatment given to the property in legal system from the construction of the idea of real rights and its impact on the possessory protection. The work addresses the judicial eviction in land conflicts based on international human rights law and civil law and civil procedure rules, noting its punitive and personal nature incompatible with the system of judicial enforcement and civil liability.