Minister Luís Roberto Barroso, of the Federal Supreme Court (STF), determined, this Monday (31), that the courts that deal with cases of reintegration of possession install commissions to mediate possible evictions before any judicial decision. The objective of the measure is to reduce humanitarian impacts in cases of collective eviction.
Barroso’s decision will be taken to the virtual plenary of the Supreme (a type of judgment in which justices register their votes in the STF system, without the need for a session for the individual reading of each vote). No date has yet been set for the trial.
Barroso’s decision was given in an action for which the minister is the rapporteur that deals with the removal orders and evictions of collective areas inhabited before the Covid-19 pandemic. Initially, the purpose of the action was to protect people affected by the health crisis from evictions.
The minister initially suspended these evictions for six months, claiming that in the midst of Covid, vulnerable families could be harmed by these actions.
This suspension was extended a few times, until October 31 of this year. When considering a new request to extend this suspension, Barroso only partially complied.
The minister did not extend the ban on evictions again, but determined a transitional regime to be adopted after nearly a year and a half of banning evictions.
“Although in the current scenario, the full maintenance of the precautionary measure is not justified, I reiterate that the resumption of repossessions must be carried out responsibly, cautiously and with respect to the fundamental rights at stake. Therefore, in consideration of all the interests in dispute, it is necessary to establish a transitional regime for the progressive resumption of repossessions”, decided the minister.
According to the decision, Courts of Justice and Federal Regional Courts must immediately install land dispute commissions to support the judges. The commissions need to develop a strategy to resume suspended repossession decisions, in a gradual and staggered manner.
These land dispute commissions must carry out judicial inspections and mediation hearings before any decision to evict, even in places where there are already decisions determining evictions. Public Ministry and Public Defender’s Office must participate, according to Barroso’s decision.
“In light of the Constitution, it is up to the Federal Supreme Court to establish guidelines for the Public Power and other bodies of the Judiciary in relation to the resumption of administrative and judicial measures that are suspended based on this action. The simultaneous execution of thousands of eviction orders, involving thousands of vulnerable families, would generate the risk of social upheaval”, added Barroso.
Source: CNN Brasil
