A Defensoria pública e a defesa do direito à moradia de coletividades em situação de vulnerabilidade no espaço urbano

Abstract

Examines how the performance of the State Public Defender's Office could contribute to defending the right to housing in urban communities in socially vulnerable. The choice of theme is based on experiences as a Public Defender in Housing at “Núcleo de Habitação e Moradia”(NUHAM) for the realization of this right. It is found that the mere positivation rights is insufficient to ensure its implementation, especially in the context of poverty and social exclusion in the Brazilian reality, and that the right to housing is essential to the development of a decent life. Wonders whether the Ombudsman has achieved success in the defense of such right or not. The study was grounded in literature and document analysis, particularly with respect to works of Civil Law, Housing, Access to Justice, Public Defender and relevant documents related to ongoing administrative procedures in NUHAM. Studies the social function of ownership and property. Addresses social rights, the meaning of the right to housing, their constitutional protections and international treaties. Studies the right to access to justice, the Public Defender, a constitutional provision, the National Organic Law of the Public Defender. Includes an analysis of the State Public Defender acting in defense of housing rights of vulnerable urban communities, from the mapping of specialized cores in defense of this right in the states of the Brazilian federation and the experiences of the communities impacted by the Light Rail and the Community New Life, monitored by NUHAM. It has been concluded that the performance of the Ombudsman, particularly from the extrajudicial conflict resolution, education on rights and integrated operations with the population, contributes to the empowerment of communities, allows the construction of dialogued solutions to effect the right to housing and continuously challenges to find new ways of realization of this right.