Direito à moradia, défit habitacional e o Programa Minha Casa Minha Vida: considerações à luz dos direitos humanos e da Constituição Federal de 1988

Abstract

The right to housing is included in the list of human rights recognized in international and domestic legal systems. It is part of the so-called second-generation human rights or social rights. It is closely related to the dignity of the human person, which is the foundation of the Democratic Rule of Law established by the Federal Constitution of 1988. Its realization enables the enjoyment of other fundamental rights such as privacy, health, and property. It is expressly stated in Article 6 of the Brazilian Constitution, as amended by Constitutional Amendment No. 26 of 2000. In this context, it is important to emphasize that the Brazilian government's attempts to effectively guarantee the right to housing have been unsuccessful due to the absence of an integrated housing policy among the interested political and social actors. As a consequence, housing problems have accumulated, particularly the high rate of housing deficit recorded in the country over the decades. The present work aims to study the right to housing based on international and domestic legal norms, analyzing the indicators of housing deficit in Brazil and the contribution of the Programa Minha Casa Minha Vida (PMCMV) to the realization of this right. Law No. 11.977/2009 established the PMCMV with the intention of combating the growing housing deficit through incentives for the construction of new houses, renovation and redevelopment of housing units. The program provides a set of direct incentives to beneficiaries and construction companies, including economic subsidies, tax incentives, and low interest rates for housing financing. More than 5 million housing units were delivered, and BRL 95.2 billion in investments were made within the program between 2009 and 2019. It is concluded that the PMCMV has proven to be an important housing policy for reducing housing deficit indicators but is not sufficient to guarantee the right to adequate housing for the most vulnerable social groups.