O direito fundamental á moradia em face da politica habitacional brasileira.

Abstract

The Democratic State of Law in Brazil seeks to ensure fundamental rights for all Brazilians have access to a decent standard of living and appropriate, including the right to live safely and peacefully. The inclusion of housing between the fundamental social rights provided in the current Federal Constitution was intended to obtain a benefit positively by the state, because it contains the right to an existential minimum. To achieve such a prerogative, the public administration through its managers must assert this right by implementing policies of social inclusion and observing the requirements brought by the constitutional text and constitutional legislation. The Brazilian reality, however, demonstrates flaws in housing policy, while the government has not managed to meet the needs of the population to ensure adequate housing for the citizen. The governmental actions in this area have a pattern that generates social exclusion, especially when building small houses in the outskirts of cities, without appropriate infrastructure to provide decent human development and healthy. Thus, given that the current federal government launched a program aiming to build one million houses to alleviate the housing crisis, it's seeked to understand the effects of this program, the results of previous policies and also the international experiences. Therefore, the method will be employed dialectical, historical, comparative and references for research and study these issues. Then, after the analysis made, the conclusion suggested by the research on the Brazilian reality, would be to decrease the number of buildings in neighborhoods far and peripherals using the institute of expropriation of underused and inserted in the inner city, leading families of less purchasing power for areas with infrastructure already ready and suitable for a dignified life, to the time that there is a realization of the social function of property.