Ressignificando o direito à moradia digna: avaliação das escolhas políticas e a garantia de princípios fundamentais

• Ano de defesa: 2024
• Autor(a) principal: Figueiredo Júnior, Carlos Magno Alhakim
• Tipo de documento: Tese
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Faculdade de Direito de Vitoria; Brasil; Departamento 2; PPG1; FDV
• Palavras-chave em Português: Moradia digna; Habitação; Função social; Direitos fundamentais; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: http://191.252.194.60:8080/handle/fdv/1831

Housing is a complex and persistent problem that poses challenges that are constantly reinventing and intensifying themselves, even in the face of extensive national and international legislation. In this scenario, the key research question is: considering the need to establish an adequate legal framework that leads to effective administrative practices and actions for controlling and measuring housing as a fundamental right, what is the concept of the fundamental right to decent housing, and what public policies, with their characterizing and qualitative measurement elements corresponding to a level of dignity, can and should be promoted for its effectiveness? The hypothesis assumes the initial premise that there is a semantic ambiguity and a polysemic fluidity that presents, in the variety of meanings, an operational gap often co-opted by public managers as a device that justifies an "unconstitutional state of affairs" and more programmatic than deontological, around the concept of housing, seen as an obstacle to its realization or as an absolute excuse for its non-compliance. It is understood that the right to decent housing, although constitutionally guaranteed, lacks full implementation in Brazil due to the absence of a comprehensive legal and administrative framework, which clearly defines its concept and establishes concrete mechanisms for its implementation. implementation and monitoring. The argument thus aligns with the central objective of the research, which is precisely to demonstrate the fragility and ineffectiveness of realizing the fundamental right to decent housing given the multiplicity of meanings for the concept of housing. The argument, therefore, aligns with the central objective of the research, which is precisely to demonstrate the fragility and ineffectiveness of the realization of the fundamental right to decent housing in the face of the multiplicity of meanings for the concept of housing.For the proposed thesis, the specific objectives correspond to each of the sections (chapters of this) study: first, a kind of mapping of the political-legal perspective of housing is offered, both in Brazilian legislation and in international treaties; next, the legal instruments used in Brazil to implement this social right are observed; in the following step, the social right is observed in line with the perspective of social welfare to, in the fourth chapter, offer a new conceptual perspective, with elements that allow its identification and allow measuring the quality 9 of the exercise of this right, here treated as a fundamental right. The scope of the study aligns with the research line "Democracy, Citizenship and Fundamental Rights" of the Postgraduate Program in Fundamental Rights and Guarantees at the Vitória Law School, and the expected results, as a conclusion, are the confirmation of the hypothesis and, proactively, the elaboration of a model aimed at resolving interpretative conflicts about the concept. The chosen method of approach was the dialectical one, centered on the observation of content analysis of discursive contradictions, well signaled in the dualism verified between the legal-political concerns (national and international legislation) and the reality found in the indexes aimed at measuring the housing deficit in Brazil. As for the method of procedure, the chosen path was the monographic one, seeking to deepen the theme through the unveiling of its most current state of the art, through the contextualization of paradigms in the light of human rights and the concept of dignity. The type of research in relation to the procedure was bibliographic and documentary