Forced evictions at the crossroads

the Covid-19 pandemic as critical juncture

Authors

DOI:

https://doi.org/10.11117/rdp.v21i109.7479

Abstract

The violation of human rights in execution of forced evictions in Brazil were noticed by experts, but largely ignored by the courts. The Covid-19 pandemic, by subjecting a large contingent of the population to the risk of eviction and repossession, may change this decision-making pattern. Using conceptual tools from neo-institutionalism, this article examines whether we are currently experiencing a critical juncture in which rapid and effective change in the way forced evictions are carried out is possible. This, however, depends on permissive and productive conditions for institutional reform. In this sense, the article argues that the Covid-19 pandemic is a permissive condition, as it raised an alert in society about the serious violations of rights that can occur in forced evictions. The productive conditions, on the other hand, consist of Recommendation 90/2021 of Conselho Nacional de Justiça, the Arguição de Descumprimento de Preceito Fundamental 828 and Law n. 14216/2021. The combination of these conditions does not guarantee the reform we need, but it paves the way for the effectiveness of the right to housing.

 

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Author Biographies

Rafael Assis Alves, Universidade Estadual do Rio de Janeiro (UERJ). Rio de Janeiro (RJ). Brasil

Master of Laws in Public Law from the State University of Rio de Janeiro (2023). Specialist in Public Law from Centro Universitário Leonardo da Vinci (2015). Bachelor of Laws from Universidade Estadual de Santa Cruz - UESC (2013). Federal Judge.

 

Mariana Trotta Dallalana Quintans, Universidade Federal do Rio de Janeiro (UFRJ). Rio de Janeiro (RJ), Brasil.

Associate Professor II at the National Law School (FND/UFRJ). Professor in the Graduate Program in Public Policies and Human Rights at UFRJ. PhD in Social Sciences in Development, Agriculture and Society, CPDA/UFRRJ. She completed a sandwich PhD at the Center for Social Studies of the Faculty of Economics of the University of Coimbra (CES/FEUC) from January to August 2010. She holds a degree in Law from the Pontifical Catholic University of Rio de Janeiro (2002) and a master's degree in Law from the same institution (2005).

   

Published

2024-04-30

How to Cite

Assis Alves, R., & Trotta Dallalana Quintans, M. (2024). Forced evictions at the crossroads: the Covid-19 pandemic as critical juncture. Direito Público, 21(109). https://doi.org/10.11117/rdp.v21i109.7479