O acesso a moradia como direito fundamental: uma análise jurídica-constitucional dos programas habitacionais governamentais

Abstract

The insertion of dwelling houses in the list of fundamental rights in the Constitution of 1988 requires of the Democratic State of Law in Brazil positive obligations to ensure basic rights as well as the right to life, security and the right to decent housing to its citizens. In order to be successful with these prerogatives, it is necessary the action on the part of the public administration through its managers in the proposition and implementation of social inclusion policies, paying attention to all requirements carved in the Constitutional Text and in other infra-constitutional laws. The current Brazilian panorama, however, demonstrates serious flaws in the implementation of housing policies because the State does not meet the needs of the poor people in need of adequate and dignified housing. Most governmental actions implemented to date have a default action that generates social exclusion while building tiny houses in the outlying regions of the cities, for many times with bad quality infrastructure. Having in mind that the current Government maintains the Housing Programme started in the times of Lula administration, in 2012 the federal Government delivered a million homes to alleviate the housing crisis. Besides, more two million and four hundred thousand units were promised to the year 2014. Deductive method, together with the technique of historical, literary and comparative research, will be used aiming the understanding of this national context. As seen, the result of this research shows the need of re-planning the housing policies, in order to promote more access to housing in Brazil. It is noted by the study, that the model adopted by the Brazilian State to intensify even more the number of constructions in inhospitable areas and peripheral regions does not have positive effects; and, the expropriation of underutilized buildings in city centres, should be granted to families with smaller purchasing potential. This way, access to decent housing would be established, honoring the social function of property