The legal particularities of the occupation of urban space in the capital of a recent ex-Territory in the Western Amazon: human rights violations and resistance

Rodolfo Jacarandá, André V. B. Gonçalves, Paloma C. Lima

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Abstract

The work analyzes the forms of colonization of the city of Porto Velho, the use of the emphyteusis institute (by those who we call foreiros), the violation of the human right to decent housing and proposes a form of procedural defense that privileges the social function of property. We used a qualitative, descriptive approach, with documentary bibliographic methodology. We also researched with the Procedural Automation System of the Court of Justice of Rondônia, data on the number of distributed processes that deal with possessory actions in the city of Porto Velho in the Civil Courts between the years 2000 to 2016. conflicts linked to possessory issues in the city stem from the fragile policy of colonization and development developed. The demographic growth in the city was boosted with each economic cycle that the region experienced. The supply of housing did not follow this growth. The housing deficit allied to an absence of public policies for land regularization generated an irregular occupation of large portions of land throughout the city. The failures of inspection by public agencies in monitoring the use that the foreiros made of the portions of land they received reflect on legal uncertainty and constant conflicts until the present day.

Keywords: Western Amazon; Home; Land regularization; Human rights.