Mapping Legal Risks in Eviction Processes

• Grant number: 25/05494-9
• Support Opportunities: Scholarships in Brazil - Post-Doctoral
• Start date: June 01, 2025
• End date: May 31, 2028
• Field of knowledge: Interdisciplinary Subjects
• Principal Investigator: Diogo Rosenthal Coutinho
• Grantee: Raphael Bischof dos Santos
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil
• Associated research grant: 23/12851-7 - Evictions Observatory: interdisciplinary dimensions of risk in times of climate change and housing crisis, AP.TEM

Abstract

The legal risk associated with forced evictions and displacements engenders a myriad of normative elements - legislative, regulatory and jurisprudential - which, although known in their specificities, are not usually analysed when it comes to their complex (and often contradictory and conflicting) interaction in eviction processes - that is, in their empirical dimension and in understanding their concrete distributive effects (economic, social and environmental). Interpretative disputes, of a technical nature but also intensely politicised, shape responses in the field of state actions (public policies on urban planning and housing, controversies around ownership and possession of urban areas under different legal regimes - including the environment and climate change - as well as repressive responses of a criminal nature) and are therefore constitutive elements of the eviction processes to be studied throughout the research. The proposed post-doctoral research is aimed at designing a methodology for identifying and systematising the 'families' of key legal issues, amidst their complexity and hermeticism, that emerge in eviction processes. This is a necessary effort for a structured and concrete understanding of the notion of legal risk which, among other modalities, structures the research project.