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A RESPONSABILIDADE CIVIL DO ESTADO PELOS DANOS CAUSADOS À INTEGRIDADE FÍSICA DOS RESIDENTES EM ÁREAS DE RISCO.

Authors :
NUNES DE SIQUEIRA, ELIZANDRA
FERNANDA DE CASTRO, HELLEN
CHELSKI, KARINA
FATUCHE, SIDNEY
Source :
Revista Percurso. 2021, Vol. 2 Issue 40, p53-71. 19p.
Publication Year :
2021

Abstract

This article aims to identify who are the affected people and what is the State's responsibility in the face of natural disasters arising from inadequate housing in uninhabitable places. Based on the dignity of the human person and the right to housing, we seek the path through which it is possible to find the appropriate way to achieve these rights. Understanding how, and in what way, these rights are violated, and how the State positions itself through the right to housing, and the disasters that occurred in these areas, can represent a way to manifest the constitutional essence and promote effective access to the right. Emphasizing that the State's omission of the right to a dignified life, causes low-income and homeless people to settle in these inappropriate places, exposed to the most different weather conditions and without the due protection of the public authorities, the lives of countless families are put at risk. About that, this article aims to verify what happens to people who are installed in these places in the event of an environmental disaster, their immediate right to temporary housing, and finally fixed housing. We will also analyze how the State should act to prevent the occupation of these types of land and what methods are used to prevent inadequate housing. Because of what was said before, it is intended to find the best way to protect the individual, the family, and society, so we can improve dignity, and citizenship of the society which is the central objective of the Federal Constitution of 1988. [ABSTRACT FROM AUTHOR]

Details

Language :
Portuguese
ISSN :
1678569X
Volume :
2
Issue :
40
Database :
Academic Search Index
Journal :
Revista Percurso
Publication Type :
Academic Journal
Accession number :
153885990