Direito à moradia e habitação assegurados pela Constituição Federal 1988 no atual cenário da urbanização brasileira

Abstract

This research is conducted with the aim of providing citizens and the academic community with a deeper critical analysis of the economy in urban spaces and its repercussions on social dynamics. This monograph intends to correlate these economic manifestations with the actual reality faced by millions of Brazilians who, in their municipalities, suffer from the insufficiency of implementation and the limited effectiveness of legal frameworks aimed at the planning and development of cities, often impacted by real estate speculation, an inherent trait of contemporary capitalism. This research delves into a historical examination that explores the roots of social inequalities, consolidated and perpetuated in the name of economic development, often to the detriment of human dignity. The monograph addresses how the right to housing, guaranteed by the Federal Constitution of 1988, falls short of its desired realization due to a confluence of adverse factors that obstruct effective housing security and a broader conception of housing that transcends mere ownership of private property in urban spaces. The methodology adopted is qualitative, involving hypothesis formulation and deduction supported by data from institutions and platforms recognized for their reliability in the field of urban, social, and housing policies. The conclusion of this research is assertive in indicating that, although current legislation and the existing legal framework are remarkably comprehensive and precise for tackling urban inequalities, limited practical application, combined with mercantilist interests and real estate speculation, prevents the fulfillment of normative provisions, such as those enshrined in the Federal Constitution of 1988, the Master Plan, and regulations such as the Legal Framework for Basic Sanitation and the National Solid Waste Policy (PNRS). Thus, a robust formal structure is outlined, yet a challenging and complex reality persists in its execution.