Robert Alexy's fundamental rights theory as an analytical model of social housing right: principle arguments in a reference field of it’s immediate applicability

• Autor(a) principal: Tavares, Regina Lúcia Gonçalves
• Data de Publicação: 2021
• Outros Autores: Gustin, Miracy Barbosa de Sousa
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Revista Quaestio Iuris (Online)
• Texto Completo: https://www.e-publicacoes.uerj.br/quaestioiuris/article/view/64104
• topic: Keywords; Fundamental rights. Right to housing. Complete fundamental right. Immediate applicability. Jurisprudence.

The right to housing, situated as a fundamental social right, is analyzed under an analytical modelthat allows its classification as a complete fundamental right, essentially demanding both positiveand negative actions by the State, is a theoretical perception that allows its landmark constitutionalnormative is thought of as a device of immediate applicability and not subject to the reserving ofthe possible. We opted for a theoretical analysis whereby the normative correspondent of the socialright to housing is studied from a principles perspective that, starting from Ronald Dworkin (2010;2013), finds in Robert Alexy (2014; 2015) his great theoretical justification. The problem that arisesin this work is: Alexy's theory of fundamental rights makes it possible to build an analytical modelof the right to housing as a social fundamental right by immediate applicability, capable oftheoretically and robustly referring to the jurisprudence that applies to this type of demand? Theresults made it possible to find a powerful system of thought according to which the right to housing,as a complete fundamental right, requires the recognition of the fullness of its indisputableapplicability to the issues presented in housing claims in which it is questioned.