Regularização fundiária de interesse social: uma forma de garantir o direito constitucional social à moradia

• Autor(a) principal: Chohfi, Roberta Dib
• Data de Publicação: 2014
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/23826
• topic: moradia; propriedade; políticas públicas; regularização fundiária de interesse social; complexo paraisópolis; living quarters (home); property; public policy; legal regularizing land of social interest, paraisópolis complex; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This research seeks to elucidate the right to living quarters question that faces the nation; even though being a fundamental social right, the populace is still has not been completely covered. Several efforts have been made over the last decade to get this right formalized at the constitutional level. On the other side of the issue is the legitimate constitutional protection of property rights. However, given the high profitability involved in real estate speculation, the lower income earners remain left out.Over the last decades two new pieces of legislation were created the City Statute and the so-called My Home, My Life law, both of which have been innovative measures available to combat the housing deficit. State intervention begins with the creation of a municipal guidance plan, which should be carried out through public policy. The new legal tools for regularizing land/lots had consequently the formation of multiple projects in several cities. Special mention in this study goes to the city of São Paulo and the work done in the Paraisópolis Complex. Case study using Paraisópolis as a reference in the implantation of the right to living quarters through legal regularization for land areas of social interest was done. This analysis made it possible to uncover the most common effects of this type of project. Among the findings, it is observed that, while it is visible the improvement of housing conditions, the social problem of the impossibility of survival in urbanized areas by the poor population is ratified.