O direito à moradia dos ocupantes de áreas públicas : análise crítica do discurso do Supremo Tribunal de Justiça

Abstract

Search back to the analysis of the Special Appeal No. 556 721 - DF and its repercussions in other judged the Superior Court of Justice. The relevance of this study stems from the great crisis of effectiveness of the right to adequate housing in Brazil and the judiciary may be exploited to meet financial interests, rather than turning to achieve fundamental social rights. This crisis of effectiveness of the right to housing in Brazil led to the creation and development of mechanisms, at the legislative level, to ensure the legal security of tenure. Given the need to effect, in terms of facts, not only through abstract textual previous, the fundamental right to adequate housing, some legal institutions were created in order to ensure legal security of tenure. Among these mechanisms of regularization, we highlight the real right of special use for housing aimed at ensuring the social function of public areas. There is a large distortion between the theory and practice of realization of the right to housing which is evidenced by the use of critical discourse analysis of the judicial precedents method. According to the method of critical discourse analysis, applied to the context of the Supreme Court of Justice, it appears that lack of concretization of social law in question stems from linguistic strategies influenced by rationalistic conceptions of the phenomenon legal incompatible with the current stage of the Brazilian Constitutionalism.