O direito à moradia: uma crítica do acesso à terra urbana na economia capitalista

• Autor(a) principal: Arruda, André Felipe Soares de
• Data de Publicação: 2017
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/19780
• topic: Direito à moradia; Meio ambiente artificial; Direito urbanístico; Right to housing; Artificial environment; Urbanistic law; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present study aims to analyze if the protection of the artificial environment is enough to guarantee the constitutional right to housing. In the first chapter were brought the definitions of space and urban space, from concepts of human geography. In the second chapter the main elements that characterize the city and the right to the city were presented, through a brief history from the first cities to the modern and postmodern cities, besides exposing the main rules of urban law. In the third chapter the environment and the artificial environment were studied for the configuration of the city as very diffuse. In the fourth chapter the intrinsic relation between the right to housing and the social function of urban property was evidenced. In the fifth and final chapter, the focus was given to the urban population and to the increase of precarious settlements, especially in large metropolises. The methodological option was for studies and analyzes of literature review, relevant legislation and doctrine. The main theoretical references were the geographers Milton Santos and David Harvey, the jurist José Afonso da Silva and the sociologist Henry Lefebvre. The conclusions are that, although there are good instruments of urban policy, they are little applied. In this way, only a paradigm shift of the tutelage of cities, today driven by the logic of the capitalist economic system, will allow effective access to decent housing