Banca de DEFESA: Clélia Brito Silveira
Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.STUDENT : Clélia Brito Silveira
DATE: 28/06/2024
TIME: 18:00
LOCAL: https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmM0YjQ1MjAtM2Y5YS00ZmVjLWFhYmMtMGM1ZGFhN2U4
TITLE:
The legal argumentation of the Court of Justice of the Federal District and Territories in urban environmental conflicts during the COVID-19 pandemic
KEY WORDS:
Keywords: Legal Argumentation. Environmental Urban Conflicts. Vulnerable Population. Pandemic. Judicial Decision.
PAGES: 180
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:
This research aims to examine the judicial rulings of the High Court of the Federal District and Territories [Tribunal de Justiça do Distrito Federal e Territórios] (TJDFT) in Brazil, concerning environmental conflicts within urban settings, particularly focusing on disputes arising from government-initiated demolitions in informal settlement areas inhabited by vulnerablepopulationsduringtheCOVID-19pandemic.GroundedinArgumentationTheory, with a specific emphasis on Manuel Atienza’s contributions, this dissertation is structuredinto four chapters. Chapter One addresses urban land conflicts, territorial occupation in the Federal District, the ramifications of the pandemic on housing rights, and the judiciary’s role inaddressingstructuralhousingchallenges.ChapterTwooutlinesthemethodologyemployed for sample selection, focusing on appellate judgments and interlocutory appeal judgments relevant to the research theme. To enable an understanding of how the selected appeals are adjudicated, a brief exposition of the structure of TJDFT is presented based on its internal regulations. Reflections are offered on the findings derived from the analysis of thejudgments and their respective proceedings. Chapter Three provides a synthesis of the contributions of Legal Argumentation Theories, with particular emphasis on Manuel Atienza’s theory (2017), as the foundational theoretical framework for this study. Subsequently, an analysis of the selected judgments is undertaken. Chapter Four centres on the interim decisions issued in the Claims of Non-compliance with a Fundamental Precept [Arguição de Descumprimento de Preceito Fundamental] (ADPF) No. 828-DF, given its paradigmatic importance in a case pertaining to the right to housing. Acomparative analysis is then conducted between the interim decision issued by the Supreme Federal Court on October 31st2022, and the rulings of TJDFT. Concluding remarks include reflections on the insights drawn from the judgments, revealing areas of concern. Emphasis is placed on the critical oversight of the judicial functions of the Courts of Justice. With urgent and complex local issues often not reaching Higher Courts, it is the responsibility of both the state and district judiciary systems to ensure the enjoyment of fundamental rights stemming from the principle of human dignity.
COMMITTEE MEMBERS:
Presidente - 1716148 - CLAUDIA ROSANE ROESLER
Interno - 2132953 - ISAAC COSTA REIS
Externa à Instituição - MARIANA BARBOSA CIRNE - UNICEUB
Interno - 1647964 - VALCIR GASSEN