Moradia, posse e propriedade nos processos judiciais da ocupação urbana Camilo Torres, em Belo Horizonte

Abstract

The serious social problem of access to adequate housing in cities favors the emergence of new urban occupations whose participants exercise the constitutional right to housing. In order to analyze the phenomenon in Belo Horizonte-MG we used socio-judicial cartography which was applied to the case of the Occupation of Camilo Torres. As a first step, empirical research was collected so as to analyze the social aspects of employment and, secondly, documentary analysis of the content of judicial proceedings, related to this urban conflict, was carried out. By examining the collected documentation, this paper discusses the legal arguments used by the parties and evaluates which of these prevails in the resolution of urban conflict generated by these occupations. The main conclusion is that, given the complexity of the case, the judicial treatment of the conflict does not promote balance and respect for the various rights involved, such as: private property and its social function; the right to ownership and housing. In such situations the right to property almost always prevails.