A usucapião coletiva urbana como instrumento apto a garantir o direito fundamental à moradia.

Abstract

The growth of Brazilian favelas shown every day as a reality that must be addressed by the Government. People living precariously in these areas can not continue with frequent insecurity that accompany them. The Fundamental Right to Housing is provided for in Art 6 of the Federal Constitution of 1988 , and requires the state to take positive action so that this right effective in the life of every citizen . In this work , we propose to analyze Law 10.257/01 , the City Statute , specifically the Office of Collective Urban Adverse possession , in order to verify if indeed this type of adverse possession has been a good instrument to provide Brazilian citizens , access to right to Housing . For that, we still use in two case studies , the process of paragraph 0145.12.000361-4 which is being processed before the 3rd Civil Court of Juiz de Fora , through which twenty-two residents " Favela Don Bosco " , plead the declaration of collective adverse possession , and the account of the author Paulo Rabello de Castro , in the book " Rooster sang ," in which the author exposes the difficulties and challenges faced in the process of gaining property by residents of Morro do Cantagalo in Rio January .