Remoções forçadas: processo administrativo e defesa do direito à moradia adequada

Abstract

This dissertation seeks to identify ways of defending the right to adequate housing, through the concrete realization of the constitutional guarantee of due process of law and the principles of the administrative process, in the scope of forced removals by poor people , who lived in irregular assetments, carried out by the Public Administration. In anabsent part verified in the brazilian legal system on the matter, it is sought to identify normative parameters, in the context of the administrative process, applicable to cases of this nature. It is discussed the compulsory adoption, by the Public Administration, of regularadministrative proceedings, in forced removals. It is understood that it is necessary to investigate the means by which the Public Administration performs forced removals and how the individual and collective rights of citizens affected by State action, especially the right to adequate housing, are treated. Forced removals constitute a serious urban land conflict and,for this reason, there is a need for reconciliation between the public interest and the individual and collective rights of the affected citizens, seeking a peaceful solution. For this, it is indispensable the adoption, by the public administration, of an administrative process that conditions its performance to juridicity, assuring to the families the possibility to participate effectively of the whole process (not only in the elaboration, but, mainly in the moment of execution of the policy public), governing the administrative activity by the principles of publicity, transparency, contradiction and ample defense.