O dano moral às famílias vítimas de desapropriação: uma análise sob a perspectiva do direito à cidade

Abstract

This article aims to discuss whether compensation for moral damage to families who suffer evictions promoted by the public authorities in the context of urban interventions or projects, through the expropriation institute, is appropriate. This study has a theoretical character, whose analysis is based on the conceptions defended by Harvey (2012), Lefevbre (2011) and Dias (2012). To do so, it supported in bibliographic and documental survey, the latter through jurisprudential research. It was extracted, in this context, that the indemnities usually paid are exclusively patrimonial, referring only to the materials of the built constructions, since it is customary, in these interventions, that the residents are not the registered owners of the properties they occupy, what reinforces the importance of the theme and the need for its legal reinterpretation, in order to guarantee the effectiveness of the right to the city for low-income citizens.