O solo e a cidade: a propriedade pública como instrumento de efetivação do direito social à moradia, em Picos-PI.

Abstract

Urban living is often linked to rights that are not only guaranteed by the urban lifestyle, that is, they are not exclusive to the city, rights such as employment, infrastructure, transportation, sanitation, public services, property, are commonly linked to this space once they can be found more easily there, to mention some of them, the curb, sanitary sewage system, primary school or health station in a maximum area of 3 (three) kilometers of the considered property is a requirement to establish the urban zone. However, it is the duty of the State to provide social rights, which require a positive benefit, and in the present work is addressed the potential that public property has to implement social rights, treating in this research especially the right to housing, that through administrative concessions, using for that purpose the centenary institute of the emphyteuseus, exposing as a paradigm case the municipal public emphiteuse existing in the city of Picos, State of Piauí. It should be emphasized that the present research arises from the following problematic: does the functionalisation of public property through the concession of land made through a leasehold contract, makes possible and effective the exercise of the social right to housing? In order to solve the problem, the following general objective was established: to verify the effectiveness of the emphyteuseus institute as a tool used by the State to functionalize its property and promote the right to housing simultaneously. In order to achieve this objective, the present research used the following methodological aspects, the empiric technique to observe and analyze data collected in the city of Picos-PI, as to the purpose is classified as a basic research, as far as the approach is classified as a qualitative one, as regards the objectives, this is an exploratory and descriptive research, as far as the procedure is concerned the research uses the bibliographical-documentary technique, using as sources the constitutional and infraconstitutional legislation pertinent to the subject, books, scientific articles accessed on the Internet.