A efetividade dos direitos fundamentais à habitação, meio ambiente urbano e participação popular e as obras urbanas de suporte aos megaeventos esportivos

• Ano de defesa: 2014
• Autor(a) principal: Oliveira, Alex Feitosa de
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Palavras-chave em Português: Direitos fundamentais; Efetividade; Megaeventos esportivos; Obras urbanas; Desapropriação; VLT; Participação popular; Meio ambiente; Habitação
• Link de acesso: http://www.repositorio.ufc.br/handle/riufc/12834

This paper intend to realize a study on three fundamental rights of the urban citizen: Right to housing, participation and the urban environment. The context is that of mega-events, especially sports mega-events and the necessary support to such spectacles. The goal is to verify, within the context of a particular construction, the construction of the Light Rail in the city of Fortaleza, if the rights in question were and are being violated. For that, it starts with an approach to the problem of effectiveness of the rights in Brazil. Then is realized a study of the listed rights, with analysis of their positions as fundamental rights and standards that try to bring effectiveness to such rights. Finally, brings up a case study of a work in Fortaleza, verifying empirically whether fundamental rights object of the work was actually effected in the planning and execution of the work, discussing with greater emphasis the conflict between the right to expropriating State needed to perform urban constructions, and the protection of fundamental rights of urban citizens. Also is object od study to verify the occurrence of interests that conflict with the public interest in the removal of families from their homes, through expropriation. We conclude that, despite having the Brazilian state a law system for the protection of three fundamental rights, when carrying out constructions to support mega events, though not only in these situations, the aim of finalize in time the construction for realization of the events superimposed the respect and the realization of these rights, occurring in many situations, such as the case study involved in this paper, not only to non-realization of rights, but the practice of acts that violate fundamental rights.