Autonomia e dimensão econômica da posse: a posse como critério indenizatório nas remoções forçadas de populações de baixa renda

Abstract

In the mode of production of the capitalist city, the various forms of informal occupation of urban land are presented as alternatives for the realization of the right to housing of low-income populations who are excluded from access to formal housing, due to the lack of economic conditions for access through the market and effective housing policies. However, in these forms of informal occupation, forced removal processes are constantly being opposed, due to public interests that overlap housing, such as public works, interest in environmental protection or the need to eliminate hazardous areas. Social reality demonstrates that these processes violate a wide range of rights and guarantee no other forms of access to housing. The indemnities offered to the residents, at most, only consider the value of the improvements, without guaranteeing conditions for the acquisition of another property under similar conditions. The loss of possession, fundamental element and component of the value of housing is not compensated. In view of this context, this dissertation aims at the analysis of possession as an autonomous right and its consideration as an indemnity criterion in the cases of removals of the low income population of the properties that they own for housing purposes. In order to do so, we first analyze the process of production and reproduction of urban space and the informal occupations of the land and the removals as dynamics of housing in the capitalist city. Secondly, an attempt is made to understand the classical views on ownership and its relation to removals, based on a historical recovery of the legislative evolution regarding the matter, passing through the position of traditional doctrine, Public Administration and Power Judiciary. After that, the issue is assessed in the framework of the right to adequate housing and the security of tenure and the relevant international and national normative set, addressing some instruments for the realization of security of tenure and the procedures for the recognition of these rights in the context of removals. Finally, it is promoted the re-reading of the possession from the sociological-juridical perspective, understanding its autonomy and the foundations of its protection in the light of the social function, extracting itself to the consequences and the repercussions of the possession in the indemnifying aspect of the removals.