No corpo e na cidade, um sabor de vida e morte: direito à moradia e produção da exceção nas remoções motivadas pelo risco

Abstract

This work proposes to discuss the problem of residing people’s evictions in areas considered at risk, which was done in the light of a biopolitical analysis that theoretically guided the empirical research consisting in a case in which the eviction was proposed against a community resident for forty years in the BR-267 domain, in the County of Juiz de Fora, plus jurisprudential research carried out in sixteen courts in the country. It was based on the assumption that the type of housing policy in vogue in Brazil, at least in the last sixty years, has not been a channel through which the right to the city and decent housing is realized indistinctly and, based on this premise, precarious occupations in risk areas were thought of as a specific reality, the product of a biopolitical order that submits conquered rights to an economic calculation of cost-benefit. It is considered that evictions carried out under the pretext of protecting the lives of people residing in locations subjected to disasters, perpetrating the expulsion of families from risk areas without regard to legal parameters such as permanence, offering a definitive housing solution, information and non-discriminatory treatment, become a strategic field of a security power and, therefore, inscribes the bodies of individuals evicted and the mass of the population residing in precarious areas in a relationship with the State in which urban life and death blend indistinctly. In this field, where life and death become a political issue, what this research found was a relationship with the law that is daily established based on exception judgments, being yet another instance of production of the phenomenon of authoritarianism in the system of justice.