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Constitutional recognition of housing rights as social rights in Brazil was not followed by judicial decisions in most cases. However, some decisions have engendered a new narrative, protecting housing. This paper a) presents a perspective on new constitutionalism as a field that enables innovative decisions; and b) examines the judicial decision regarding “circus school” conflict in São Paulo, occupied by housing rights militants. The objective is to identify aspects of this theoretical framework that enforce housing rights. [editor summary]