Post by account_disabled on Mar 12, 2024 0:35:23 GMT -5
Minister Luís Roberto Barroso, of the Federal Supreme Court, ordered this Thursday (3/6) the suspension for six months of orders or measures to vacate areas that were already inhabited before March 20 last year, when it was approved the state of public calamity due to the Covid-19 epidemic.
Carlos Humberto/SCO/STF
Minister Luís Roberto Barroso is rapporteur for action proposed by Psol
Carlos Humberto/SCO/STF
The decision makes it impossible to take "administrative or judicial measures that result in evictions, evictions, forced removals or repossession of a collective nature in properties that serve as housing or that represent a productive area for individual or family work by vulnerable populations".
The minister also suspended the Portugal Mobile Number List eviction of tenants from residential properties in vulnerable conditions by preliminary decision, that is, without prior defense, even before the exercise of the adversarial process. The concept of vulnerability will be analyzed on a case-by-case basis by the judge acting in the specific situation.
Barroso partially granted the injunction in an action presented by Psol (ADPF 828) to, according to him, "prevent collective removals and evictions from violating the rights to housing, life and health of the populations involved".
The six-month period will be counted from the decision, "it being possible to consider its extension if the health crisis situation persists", highlighted the minister.
In the action, the party reported the existence of a significant number of displaced families and threatened with removal in the country. It states that, according to data from the Zero Eviction Campaign, 9,156 families were evicted in fourteen states of the federation, and another 64,546 are threatened with eviction.
"Often without any prior notification or possibility of administrative and judicial defense, and with a large logistical and repressive apparatus (servants, police and public agents), governments continue to evict families during the most serious period of the pandemic, in total disregard for the human condition and health and housing rights", the party told the STF.
The minister considered that the health crisis and the "real risk" of a third wave of contagion justify the measures.
"In the face of an unprecedented health crisis and in view of the real risk of a third wave of contagion, property, possession and land rights need to be balanced with the protection of the life and health of vulnerable populations, the public agents involved and also with the risks of increased contamination for the population in general. If collective occupations have already been consolidated for at least one year and three months, this is not the time to execute the eviction order. Reasons of prudence and precaution recommend that wait for the health crisis to cool down", he said.
Reservations
The precautionary measure does not apply to recent occupations, after March 20, 2020, but stipulates that the public authorities ensure that the people removed can be taken to shelters. "It's about avoiding the consolidation of new irregular occupations," he stated.
Carlos Humberto/SCO/STF
Minister Luís Roberto Barroso is rapporteur for action proposed by Psol
Carlos Humberto/SCO/STF
The decision makes it impossible to take "administrative or judicial measures that result in evictions, evictions, forced removals or repossession of a collective nature in properties that serve as housing or that represent a productive area for individual or family work by vulnerable populations".
The minister also suspended the Portugal Mobile Number List eviction of tenants from residential properties in vulnerable conditions by preliminary decision, that is, without prior defense, even before the exercise of the adversarial process. The concept of vulnerability will be analyzed on a case-by-case basis by the judge acting in the specific situation.
Barroso partially granted the injunction in an action presented by Psol (ADPF 828) to, according to him, "prevent collective removals and evictions from violating the rights to housing, life and health of the populations involved".
The six-month period will be counted from the decision, "it being possible to consider its extension if the health crisis situation persists", highlighted the minister.
In the action, the party reported the existence of a significant number of displaced families and threatened with removal in the country. It states that, according to data from the Zero Eviction Campaign, 9,156 families were evicted in fourteen states of the federation, and another 64,546 are threatened with eviction.
"Often without any prior notification or possibility of administrative and judicial defense, and with a large logistical and repressive apparatus (servants, police and public agents), governments continue to evict families during the most serious period of the pandemic, in total disregard for the human condition and health and housing rights", the party told the STF.
The minister considered that the health crisis and the "real risk" of a third wave of contagion justify the measures.
"In the face of an unprecedented health crisis and in view of the real risk of a third wave of contagion, property, possession and land rights need to be balanced with the protection of the life and health of vulnerable populations, the public agents involved and also with the risks of increased contamination for the population in general. If collective occupations have already been consolidated for at least one year and three months, this is not the time to execute the eviction order. Reasons of prudence and precaution recommend that wait for the health crisis to cool down", he said.
Reservations
The precautionary measure does not apply to recent occupations, after March 20, 2020, but stipulates that the public authorities ensure that the people removed can be taken to shelters. "It's about avoiding the consolidation of new irregular occupations," he stated.