ACTIONS OF REINTEGRATION OF POSSESSION AGAINST THE MOVEMENT OF HOMELESS WORKERS: DICHOTOMY BETWEEN PROPERTY AND RIGHT TO HOUSING/ACOES DE REINTEGRACAO DE POSSE CONTRA O MOVIMENTO DOS TRABALHADORES SEM TETO: DICOTOMIA ENTRE PROPRIEDADE E DIREITO A MORADIA

In repossession actions against the Movimento dos Trabalhadores Sem Teto (Homeless Workers Movement--MTST in portuguese), the property is the central element of the judiciary protection. The objective is to analyze how the judiciary handles urban land conflicts of which is part of said Movement Social. From the grounded theory, this paper analyzes all reintegration actions of possession against MTST since 2001 to 2014. This methodology allows us to identify properties, dimensions, minutiae and singularities of decisions based on systematic comparisons between the data. The legal literature raised and the theoretical framework are based on the identification of key explanatory category of all data. As a result, it was realized that the property protection is the main foundation of the magistrates in repossession actions. The constitutional categories of housing rights and the social function of property are little explored by the judges. There are also procedural inconsistencies in decisions and low concern about the factual and legal basis of ownership exercised by the owners. We conclude that the judiciary, in relation to the object of analysis, ignores the underlying social interest in their cases to protect property in its liberal and absolute format.