{"id":73289,"date":"2022-12-22T19:08:50","date_gmt":"2022-12-22T22:08:50","guid":{"rendered":"https:\/\/rioonwatch.org\/?p=73289"},"modified":"2023-03-29T11:05:28","modified_gmt":"2023-03-29T14:05:28","slug":"days-before-christmas-court-orders-eviction-of-the-luiz-gama-occupation-in-downtown-rio-de-janeiro","status":"publish","type":"post","link":"https:\/\/rioonwatch.org\/?p=73289","title":{"rendered":"Days Before Christmas, Court Orders Eviction of the Luiz Gama Occupation in Downtown Rio de Janeiro"},"content":{"rendered":"

Clique aqui para Portugu\u00eas<\/i><\/span><\/em><\/span><\/i><\/span><\/a><\/p>\n

On Wednesday, December 14, Judge Francisco de Assis Pessanha Filho, 14th Civil Chamber of the Rio de Janeiro Court of Appeals (TJ-RJ<\/a>), ordered 70 families occupying the building at Rua Alc\u00e2ntara Machado 24, in Centro<\/a>, downtown Rio, to vacate the property within 24 hours. The countdown upon notification.<\/p>\n

\"Luiz<\/a>
Luiz Gama Occupation building at Rua Alc\u00e2ntara Machado 24, in downtown Rio. Photo: Vin\u00edcius Ribeiro<\/figcaption><\/figure>\n

The Luiz Gama Occupation<\/a> began on November 16 and was organized by the Movement for the Fight for Neighborhoods, Villages, and Favelas (MLB<\/a>). Among the 70 families who occupied the property were ten children and 15 elderly. Since the start of the occupation, the Military Police<\/a> acted with force, trying to break down doors, terrorizing residents, and maintaining a siege across from the occupation 24 hours a day, preventing people from circulating freely.<\/p>\n

\"Among<\/a>
Among the 70 families that occupied the property there were ten children and 15 elderly who, without the building on Rua Alc\u00e2ntara Machedo, have nowhere to live. Photo: Vin\u00edcius Ribeiro<\/figcaption><\/figure>\n

\u201cIt is extremely cowardly and inhumane. We are fighting for housing and we have occupied [the building] as resistance. The social function [of land] is in the [Brazilian] constitution and what is criminal is a property left unused for 20 years. It\u2019s only workers who are here [at the Luiz Gama Occupation]. There\u2019s an old lady who pushes a cart around, rain or shine.\u201d \u2014 Ryan Augusto Pestana Rocha, 28<\/p><\/blockquote>\n

The occupation, which is named after one of most important figures in the fight for the abolition of slavery<\/a> and anti-racism in Brazil, brought hope to dozens whose right to housing is disregarded, including Alexandra Melo da Silva. On November 20\u2014Black Awareness Day<\/a> in Brazil\u2014the mother of a baby and an eight-year-old waited outside the Luiz Gama Occupation for a chance to have a roof over her family’s head.<\/p>\n

\u201cI\u2019m here in this war fighting with my son so that we can at least have shelter. What stops me going inside [the Luiz Gama Occupation] are the police officers at the door.\u201d \u2014 Alexandra Melo da Silva, 37<\/p><\/blockquote>\n

\"The<\/a>
The building on Rua Alc\u00e2ntara Machedo in downtown Rio was occupied by 70 families from another occupation (Jo\u00e3o Candido) who were evicted in 2021. Photo: Vin\u00edcius Ribeiro<\/figcaption><\/figure>\n

Concern over food security<\/a> is one of the motives driving families to seek out occupations as a housing option. Housing costs are a burden<\/a> that often doesn\u2019t couple with the need to eat.<\/p>\n

\u201cIt\u2019s wonderful here [in the Luiz Gama Occupation]. We have lunch, dinner, snacks; we have four meals a day. We can’t afford to pay rent. We want our own home\u2026 [If the eviction happens] we\u2019ll have to go on the streets because we don\u2019t have anywhere to live.\u201d \u2014 Dinar Verdadeiro de Souza, 46<\/p><\/blockquote>\n

\"Luiz<\/a>
Luiz Gama Occupation residents in front of a Movement for the Fight in Neighborhoods, Villages, and Favelas (MLB) banner. Photo: Vin\u00edcius Ribeiro<\/figcaption><\/figure>\n

Brazilian Bar Association and the Federal Prosecutors’ Office Criticize the Judge\u2019s Ruling<\/h3>\n

The Human Rights Commission of the Brazilian Bar Association, Rio de Janeiro Chapter (OAB-RJ<\/a>) has sent a letter requesting the judge reconsider the ruling. The Federal Prosecutors’ Office (MPF<\/a>)\u2014which took part in the negotiations involving representatives of the families living in the Luiz Gama Occupation\u2014also criticized the ruling.<\/p>\n

\u201cThe ruling by the Court of Appeals doesn\u2019t consider the importance of the period of 20 working days stipulated by the Court of First Instance. This period has been extremely important for establishing a peaceful agreement that avoids the use of police force and guarantees solutions for people in need of housing, that doesn\u2019t stop people from being evicted but ensures a solution for the parties involved. This is what the MPF is doing: a round of negotiations with all the agencies [involved],\u201d said J\u00falio Jos\u00e9 Ara\u00fajo J\u00fanior, Regional Prosecutor for Citizen Rights<\/a>.<\/p>\n

\"MLB<\/a>
MLB activist wears a t-shirt saying “As long as housing is a privilege, occupation is a right” in front of the Luiz Gama Occupation. Photo: Vin\u00edcius Ribeiro<\/figcaption><\/figure>\n

In addition to residents of the Luiz Gama Occupation and the MPF, the negotiations also included: the State Infrastructure Secretariat (SEINFRA-RJ<\/a>) by way of the Rio de Janeiro State Housing Company (CEHAB<\/a>); the Municipal Housing Secretariat (SMH<\/a>); the State Social Development and Human Rights Secretariat (SEDSDH<\/a>); the Municipal Social Welfare Secretariat (SMAS<\/a>); the Land and Cartography Institute of the State of Rio de Janeiro (ITERJ<\/a>); the Federal Property Secretariat (SPU<\/a>); and lawyers from the MLB.<\/p>\n

Christmas Without Evictions and the Fight for Housing<\/h3>\n

In early December, the MLB launched the Christmas Without Evictions<\/a> campaign based on the ongoing discussions of the Federal Supreme Court\u2019s (STF<\/a>) Claim of Non-Compliance with a Fundamental Precept (ADPF 828<\/a>) which determines a series of requirements for courts to carry out ownership repossession orders. This includes, for example, land conflict commissions\u2014a requirement that, according to the MLB and the occupation\u2019s legal representative, J\u00falia Franzoni, was not met by the TJ-RJ.<\/p>\n

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Uma publica\u00e7\u00e3o compartilhada por Ocupa\u00e7\u00e3o Luiz Gama – MLB\/RJ (@ocupa.luizgama)<\/a><\/p>\n<\/div>\n<\/blockquote>\n