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Journal of Comparative Urban Law and Policy

Abstract

Brazil has strong legal support for the protection of environmental areas. In addition to the fact that rural properties are required to leave a part, called the “legal reserve” (20% in the south of the country) untouched, there is also strong protection within urban areas. It turns out that population growth and ruralurban migration have caused a rise in new environmental issues, many of them affecting vulnerable populations. The purpose of this study is to identify the complexity of the invasions of these areas by homeless people and the difficulties of providing a legal solution to these cases. There is a striking conflict between two very important aspects protected in the Constitution, that are the right of all Brazilians to housing and a protected environment. The analysis confronts social and environmental factors, and their regulatory frameworks, considering the determinations of judicial decisions.

First Page

350

Last Page

366

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