Direito à moradia e à justiça socioambiental na perspectiva crítica marxista ao direito: a ocupação da Estrada do Engenho em Pelotas/RS

Abstract

This research aims to analyze the rights to housing and a healthy environment, as determinants to a socio-environmental justice in the specific case of the Estrada do Engenho settlement, in Pelotas/RS, through a historical-dialectical materialist approach. It is proposed to answer the problem of the research, expressed in the following question: how are the materially constituted the actions of the Public Administration, the Public Ministry and the Judicial Branch of the city of Pelotas/RS, concerning to the Estrada do Engenho settlement, and in what way they highlight the role of the State and the law about social rights to housing and the balanced environment as determinants of socio-environmental justice? For such, it studies state actions in Public Civil Action No. 022/1.14.0007280-6 (RIO GRANDE DO SUL, 2014), which involves the conflict between the right to housing and the right to a healthy environment, in the Estrada do Engenho settlement, a Permanent Preservation Area (APP). Based on this conflict, it analyzes the determinants, conditions and the mediations of the social right to housing and a healthy environment in the universe of socio-environmental justice, the historical conformation of norms and public policies related to the theme, emphasizing the influences of these norms and policies in the Estrada do Engenho settlement through the Marxist critique of law. The study is justified in the relevance of housing and the environment as determinants of socio-environmental justice for the communities involved in the conflict. This research used bibliographic and documentary technique. The results were discussed from an approach affiliated with the Marxist critical theory of law.