The purpose of this article is the analysis of the case of the Botanical Garden in Rio de Janeiro, where, over time, settled at the Community of Horto, through occupations consolidated in the area of the federal Government. The question is prosecuted and from cases initiated in the 1980s (in which the Union itself is the plaintiff) who sought the withdrawal of the residents. It will take into account that the management policy of Brazilian government has spent properties in this period, for a continuous and gradual change of vision, with particular reference to areas that have occupations consolidated with housing installed. The complexity of the relationships among the various institutional actors enables a focused approach to the perception in the field of reality, such as the right to housing should (or can) materialize against the traditional understanding of laws. The research involves the analysis of administrative proceedings instructed within the Chamber of Conciliation of the Federal Public Administration, using the historical-comparative, conceptual-deductive and empirical-inductive methods. We will demonstrate the validity of political theory developed by American communitarian critique and its special contribution to the notions of justice in contemporary design. We will contextualize the specific problem faced by the Community of Horto, its history and outline the profile of that community, from the exposure of socio-economic data of the people who inhabit the place. We will examine the public policy of managing properties of Federal Government, highlighting the role of SPU assets and paradigmatic changes that management perceived significantly in the last two decades. We will review the arguments outlined in a lawsuit possessory individual -the Gracinda case -which led to an audit by the Court of Audit, which culminated in a decision rendered in september 2012, which will also be object of our analysis. Lies the theme, so, between the rule of law and the social fact.
Public policies; politology; land conflicts; the Community of "Horto"; Botanical Garden of Rio de Janeiro