Ocupação de prédios públicos pelos movimentos dos “sem-teto” e a desobediência civil: reflexão sobre o direito à moradia à luz do paradigma do estado democrático de direito

Abstract

This article analyzes the occupancy of public buildings promoted by members of the "homeless" movements, seeking to comprise if these acts can be identified as of civil disobedience, if so, if they can be understood in the concept of non-persuasive strategy, according to the terms proposed in Dworkin's Operational Theory. For that, we carried out an analysis of the fundamental right to housing in Brazil, under the legal aspect, presenting statistical data on the housing deficit in the country. Later, a historical-conceptual approach was taken on civil disobedience and on the main points of Dworkin's Operational Theory, which are fully applicable to analyze the acts. We conclude that the occupations of public buildings by members of the "homeless" movements are manifestations of civil disobedience that are carried out through a non-persuasive intimidating strategy whose objective is to raise the cost to the State of maintaining its inertia in complying with its Constitutional duty to enforce the fundamental right of housing for the poor.