O direito à moradia adequada e à segurança jurídica da posse - um estudo das normas internacionais e brasileiras aplicadas ao caso da vila dos pescadores de Jaraguá, em Maceió

Abstract

The main objective of this research focuses to show the eviction process from the “Vila dos Pescadores de Jaraguá”, getting the historical formation of the city of Maceió and the examination of international, national and municipality laws, applicable to the concrete case . The fact rests in the context of forced evictions, glimpsed in various cities in the world and in Brazil. This is the situation of many families, generally low income, which does not have a title about the security tenure and occupy land which exisits a marketing interest, are removed from their homes, without their basic benefits, such as compensation or resettlement in conditions which enabling them to live with dignity. The phenomenon usually comes accompanied by a gentrification process, when the unoccupied area goes through a recovery process, receives a hitherto non-existent infrastructure, making it a privileged consumption center for other population segments. This scenario is inserted among the violations of the fundamental right to adequate housing, requiring a mobilization efforts and budgets to meet housing public policies that guarantee decent human settlements with minimal living conditions. Thus, such policies can not neglect the criterion of "cultural adequacy" in order to adjust the different forms of cultural expression that exist in the city and fall on housing, like the urban communities of artisanal fishermen. However, although there are rules and legal theories protecting the right to adequate housing and preventing arbitrariness in relation to forced displacement, in many cases, as was mirrored by removing the Fisherman's Village of Jaragua, the Government has ignored such commandments, arguing these are necessary measures for the reorganization of urban space. Thus, administrative and judicial acts come tolerating homelessness of many people in poverty.