A reflection on the legal protection granted to family institute and the evictions of families from the camp palmares during the pandemic

Authors

Keywords:

State, Property, Evictions, Family, Pandemic, Social function of the property

Abstract

This article is based on the research question: to what extent do the evictions carried out
in Acampamento Palmares, in Juazeiro, during the pandemic period comply with the legal protection
of the family? The general objective was to analyze the possible relativization of fundamental rights
such as the right to property that may have caused the destructuring of the rural families that inhabit
the farm that is the object of the eviction, focusing on the evictions that took place in March 2021 in
the midst of the pandemic scenario of COVID-19 and how this context directly impacted the reality of
the families that occupy the Palmares encampment, a place that is the result of the land struggle
movement. The specific objectives are to describe the legal protection of the family, especially those in
rural settlements, to ponder the struggle for land and its relevance for these families, and finally to
verify the legal decisions regarding what happened at the Palmares Settlement. As methodology, we
used a bibliographic review and document analysis of eviction orders during the pandemic. The final
results seem to point in the direction of a weakening and dehumanization of rural families through the
absence of materialization of their rights, through the aforementioned selectivity and contradiction of
the principle of integral protection to the family, a principle that was mitigated during the health crisis
situation.

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Author Biography

Judith Fernanda Oliveira de Cerqueira, Universidade Católica do Salvador

Bacharel em Direito pela Universidade Católica do Salvador (UCSAL). Pós-graduada em Direito Processual das Famílias pela Faculdade Atame. Advogada.

Published

2024-06-05

How to Cite

Cerqueira, J. F. O. de. (2024). A reflection on the legal protection granted to family institute and the evictions of families from the camp palmares during the pandemic. Revista Da Faculdade De Direito Da Universidade Federal Da Bahia, 44(1). Retrieved from https://periodicos.ufba.br/index.php/RDU/article/view/61641