Bem de família, pressuposto de efetividade do direito à moradia e garantia de um patrimônio mínimo à luz do constitucionalismo contemporâneo

Abstract

This study aims to objectively demonstrate that the fundamental human right to housing devotes more than simple access to a roof that serves to housing, because, in fact, is the instrument by which other values make up and perform. In this context, it maintains that the family good of the guarantor single property owner cannot be subject to judicial constraint, to the extent that such signifier has an essential role to ensure the minimum capital, which in turn finds its ratio the dignity of the human person. Moreover, it advocates up a new ermeneutics, where all infra-constitutional norms and legal relations public or private should be interpreted in the light of the Constitution, considering also the person of flesh and blood and not just the abstract being.