The Federal Supreme Court (STF) decided, by 9 votes to 2, to maintain the decision of Minister Luís Roberto Barroso, who extended the suspension of evictions and evictions due to the pandemic until October 31 of this year, after the end of the electoral period.
The decision was taken in a virtual plenary session, a platform on which Supreme Court members cast their votes, which ended last Friday (5). Ministers André Mendonça and Kassio Nunes Marques were against the extension.
Barroso had initially decided, in June 2021, to suspend removal and eviction orders for six months, but extended this period to three other decisions. The action was presented by PSOL.
In June, when he determined the extension until the end of October, he stated that there was a trend, at the time, for the numbers of the pandemic to rise, after a period of decline.
In addition, it pointed out that it was necessary to establish a transitional regime for the subject and that the measure could not be extended definitively.
“Although it may be up to the STF to protect life and health during the pandemic, it is not up to it to outline the country’s land and housing policy,” said Barroso in the decision.
This transition has been a request that Barroso has made to Congress in recent months. “It is recommended that this Court does not immediately implement a transitional regime, granting the Legislative Power a reasonable period to discipline the matter”, said the minister.
In previous determinations, the Supreme Minister had already said that thousands of families in the country are threatened with eviction, and the worsening socioeconomic situation tends to increase the number of homeless.
The divergence in the STF judgment was opened by Mendonça. According to the minister, “after the acute phase of the pandemic has been definitively overcome, there is no way to conclude in a broad, general and unrestricted way that collective evictions or forced removals should continue, all of them, suspended”.
“In the current context, there is no way to do without the analysis of the contours of each specific case”, says the minister, adding that the responsible judges should analyze the situations considering each process.
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