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Dissertação
Conflitos fundiários urbanos coletivos na cidade de Araguaína, TO: suas implicações sociais e judiciais
The present dissertation has its thematic focus on the human right to housing, and its object of study is the collective urban land conflicts in the city of Araguaína. The problem is to know the social and the judicial implications of these conflicts, having as support of research the possessory...
Autor principal: | Olinto, Lilian Bessa |
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Grau: | Dissertação |
Idioma: | pt_BR |
Publicado em: |
Universidade Federal do Tocantins
2018
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Assuntos: | |
Acesso em linha: |
http://hdl.handle.net/11612/926 |
Resumo: |
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The present dissertation has its thematic focus on the human right to housing, and its object of
study is the collective urban land conflicts in the city of Araguaína. The problem is to know
the social and the judicial implications of these conflicts, having as support of research the
possessory actions in progress in the civil courts of the state justice system of Tocantins. The
specific objectives are translated into the literature review related to the theme; into the
characterization of the scenario of these land disputes in Brazil, Tocantins and Araguaína; as
well as into the analysis of the possessory actions that reflect these conflicts, systematizing
the treatment given by the Judiciary Power of Tocantins and its social dimension. The
methodology is based on the systematic literature review, with data collection in research
bases, using the descriptors chosen together and individually. The research shows that these
conflicts generate confrontation between owners and non-owners, having a strong relationship
with the fundamental rights to property and possession, and also with the urbanization of
cities, provoking social and spatial segregation and social exclusion. Several of these conflicts
flow into the State Justice System, which does not treat them equitably, does not observe the
complexity of the involved interests and feeds them back, since it does not solve the first
issue, which is the lack of housing, and does not apply the sanctions to those who fail to
accomplish the social function of property, thus generating a (re)production of the urban
segregation. In conclusion, the study observed that the Judiciary is selective in its decisions,
helps to construct the figure of the invader, suspending procedural guarantees, deferring a
great number of injunctions or definitive orders in favor of the proprietors, whose possession
is presumed, to the detriment of the squatters, whose interest is housing. |