"Quem mora lá?": um estudo sobre a responsabilidade civil do estado no caso de pessoas expulsas de suas casas pelas facções criminosas em Fortaleza/CE

Abstract

The general objective of this study is to examine the possibility of holding the State accountable in cases of expulsion of people from their homes by criminal factions in the city of Fortaleza. To do so, initially, the conceptualization of internally displaced people is discussed, presenting the national and international normative framework for the legal protection of this group. Then, it analyzes how the phenomenon of forced internal displacement manifests itself in the Municipality of Fortaleza based on cases registered with the Núcleo de Habitação e Moradia da Defensoria Pública Geral do Estado do Ceará (NUHAM/DPGECE). Finally, the omission in the provision of public security is addressed as a generating element of the civil liability of the state entity. To carry out this research, a qualitative, bibliographical, pure and documental study was used, in addition to empirical case studies officially registered by NUHAM/DPGECE, and with descriptive analysis. As a result of the monographic work, it is argued that the Public Power has civil liability for failure to provide public security, given that the guarantee of this right is directly related to the preservation of other fundamental rights, such as the right to decent housing. And, consequently, the Public Power can be urged to effect compensation, which can be claimed both in relation to material damages, as well as the moral damages sustained by the internally displaced people, due to the arbitrarily opposed damage against people expelled by criminal factions in Fortaleza.