Resumo

RODRIGUEZ ALMADA, Pablo. Commentary on Judgments No. 38/2021 of the Family Law Court of the 9th Round and No. 9/2021 of the Family Court of Appeals of the 2nd Round: Right to Housing, Duty of the State. Rev. Derecho [online]. 2022, n.26, pp.81-108.  Epub 01-Dez-2022. ISSN 1510-3714.  https://doi.org/10.22235/rd26.2884.

This article analyzes judgment No. 38/2021 dated April 5, 2021, issued by the 9th Shift Family Law Court and judgment No. 9/2021 dated May 3, 2021, issued by the Court of Family Appeals of 2nd Turn, confirming the first instance, with two disagreements. Said sentences resolve the controversy of an amparo action promoted by one of the families of the New Beginning (Nuevo Comienzo) settlement, after the judicial decisions to vacate the occupants of said settlement. The positions adopted by the Family Law Judge of the 9th Round, the majority of the Family Court of Appeals of the 2nd Round and the two discords to said sentence of second instance are analyzed. It concludes that the control of constitutionality and conventionality carried out by the judges allowed arriving at innovative solutions that protect the rights enshrined in the Constitution and in international human rights instruments.

Palavras-chave : right to housing; duty of the State; control of constitutionality; control of conventionality; jurisprudence; human rights.

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