Criminal protection of the right to housing between fast-track trials, express evictions and justified real estate violence

Abstract

If an effective solution is to be offered to the squatting phenomenon, it must also respond to the housing crisis. And considering the constitutional nature of the right to housing, to promote coordinated substantive and procedural measures from different sectors of the legal system, accompanied by the creation of special courts in matters of squatting of real estate (houses or not) that, by assessing the circumstances of each squatting, may also decide on the necessary, appropriate and proportional criminal measures, in guarantee of squatted and squatters. In the design of this global strategy of our legal system, it is necessary to be alert to the current trend towards the aggravation of sanctions and administrative evictions of peaceful usurpations that can turn the squatter into the target enemy of a criminal law only for him. The security of real estate traffic must be defended, above all, with other means, not with those of a criminal nature.