The judicialization of house rental - a jurisprudential mapping of eviction actions

• Grant number: 24/02307-0
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: March 01, 2024
• End date: December 31, 2024
• Field of knowledge: Applied Social Sciences - Law
• Principal Investigator: Daniel Ferreira Pereira Gonçalves da Mata
• Grantee: Amanda Sousa Neculqueo
• Host Institution: Escola de Administração de Empresas de São Paulo (EAESP). Fundação Getúlio Vargas (FGV). São Paulo , SP, Brazil
• Associated research grant: 21/11959-3 - CITIES: Center for Innovation in Urban Public Policies, AP.CCD

Abstract

Although it is a social right provided for in Article 6 of the Federal Constitution of 1988, housing is not fully guaranteed to everyone in Brazil, with thousands of people deprived of this fundamental right. Besides property ownership, another way to access housing is through renting, which is a growing form of housing access in the country and common in other countries. However, when the obligations inherent in the rental contract are not fulfilled by the tenant - especially payment - the threat of eviction arises. This project aims to understand the judicialization of leasing, analyzing how eviction actions for non-payment are judged. To this end, the research methodology will be based on bibliographic research and jurisprudential research.