Public policy, existential minimum and Judiciary: matter of the right to housing

• Autor(a) principal: Andrade, Diogo de Calasans Melo
• Data de Publicação: 2016
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Políticas Públicas (Online)
• Texto Completo: https://www.publicacoesacademicas.uniceub.br/RBPP/article/view/3805
• topic: Direito; políticas públicas, moradia, poder judiciário

The Minha casa Minha vida program (MCMV) is a pubic housing policy that propels the State’s actions in order to realize the right to housing. It turns out that, according to surveys brought within that article, if not always provides decent housing for everyone, not reaching full citizenship. Thus, there remains the following question: can the judiciary interfere in public housing policies? On the other hand, the State/ Executive Branch, brings as limit the non interference in the minimum existencial, the booking of possible and the separation of powers, thesis that, as will be demonstrated, do not seem reasonable or appropriate. It is argued, here, that housing is the essential core of a fundamental right, that means, the existential minimum that must be done by the state. Finally, it is argued that in the absence of public governmental or public policy programs of effective housing, by the Executive Branch, left to the courts intervene in such policies, controlling and supervising, with a sole purpose: achieving the social right to housing.