Os deslocamentos internos forçados pelas organizações criminosas em Fortaleza enquanto violação ao direito social à moradia

Abstract

The right to housing is included in Article 6 of the Federal Constitution and is listed among social rights. The inclusion of this right in the current Constitution is related to Neoconstitutionalism, a philosophical framework that places fundamental rights at the center of the legal system. The right to housing, like other social rights, faces questions regarding its effectiveness, especially when it is manifested as a right of provision. The effectiveness of social rights cannot be resolved exclusively within the scope of the legal system, but becomes a problem of a true social rights policy. In this context, even though the right to housing is protected by constitutional and infraconstitutional legislation, the Brazilian reality is adverse, with a significant housing deficit in the country. This research explores a phenomenon that demonstrates disrespect for the right to housing: internal displacement caused by criminal organizations. Currently, urban violence in Brazil is closely linked to the actions of criminal organizations, which dispute territory in big capitals and have influence in areas of greater social vulnerability. One of the most affected capitals is Fortaleza, in the state of Ceará. Within the dynamics of territorial domination, in which criminal groups impose their own rules on the population, the eviction of citizens from their homes is a common practice in the city. Insecurity of property directly violates the right to housing. Internally displaced persons are a concern for international organizations, which culminated in the development of the Guiding Principles for Internal Displacement. This study aims to investigate whether the public housing policies in Fortaleza meet the housing needs of internally displaced persons due to violence, taking as a focus the Minha Casa, Minha Vida Program (federal public policy) and the Social Rental Program (municipal public policy). The weaknesses of these programs are highlighted, and the prospects for changes to better assist this group are also reflected upon. The research is descriptive, and was developed through a qualitative approach, according to the deductive method, through bibliographic, documentary and field research, with an interdisciplinary approach.