Despejos forçados durante a Covid-19: um estudo da arguição de descumprimento de preceito fundamental - ADPF n° 828

Abstract

Although the Ministry of Health recommended "staying at home" as a health measure to prevent the Covid-19 pandemic, forced evictions continued to happen in several locations continued in our country, demonstrating inequality. As a result, Claim of Non- compliance of Fundamental Precept No. 828 was filed, in order to guarantee the constitutional right to housing. This study intended to analyze from the perspective of this PFA how forced evictions during the Covid-19 pandemic faced fundamental rights to housing, health, and life. We sought with the qualitative methodology applied to the study and the assumptions of the procedural and legislative analysis of this specific lawsuit, to understand the monitoring reports issued by entities with national and international legal positions, as well as the reports published by the media in general, highlighting important points to confirm the thesis of violation of human rights resulting from the evictions that occurred in the pandemic. With this study, it was possible to verify that the right to housing is not being effectively implemented in the country, despite the advances in this area. Therefore, the Claim of Non-compliance of Fundamental Precep proved to be an effective instrument to guarantee and safeguard the dignity of the human person, by trying to legally prevent evictions in this pandemic period