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Legal reasoning in urban real estate conflicts: an analysis from decisions by the São Paulo's Court of Appeals

Grant number: 19/24724-4
Support type:Scholarships in Brazil - Scientific Initiation
Effective date (Start): December 01, 2020
Effective date (End): November 30, 2021
Field of knowledge:Applied Social Sciences - Law - Public Law
Principal researcher:Josué Mastrodi Neto
Grantee:Beatris Rosas Cleto
Home Institution: Faculdade de Direito. Pontifícia Universidade Católica de Campinas (PUC-CAMP). Campinas , SP, Brazil

Abstract

The research aims to verify whether the current understanding of the Court of Justice of São Paulo about property conflicts tends to privilege systematically the position of the owner and not that of social movements that fight for housing or whether there is influence on decisions based on compliance with UN international guidelines on the ratio decidendi. The survey data comes from a sample of possession actions of the Court of Justice of São Paulo during the period from 2016 to 2020, distributed in the 20 municipalities that make up the metropolitan region of Campinas (RMC). This survey will be carried out on judicial decisions made from 2016 onwards to verify whether the editions of the Objectives of Sustainable Development and the New Urba Agenda, by the United Nations, have influenced the judicial interpretation in a more favorable manner to the social function of the property and the social function of the city. The jurimetrics analysis will be used to compile and analyze the jurisprudential content of the actions of maintenance, prohibitory interdict and repossession of occupied properties, accompanied by the hypothetical-deductive method to an were the decisions pronounced in the scope of the TJSP reveal the protection of particular interests in the protection of property in its pure and simple concept, to the detriment of the social/collective interest guided by social movements that seek access tour ban Landan decent to using from the protection of the social function of these properties. (AU)

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