O problema da efetivação dos direitos sociais: contribuições críticas para o caso do direito à moradia

Abstract

This work aims at investigating why the social rights, especially the housing right, face a high level of difficulty in their realization and concretization, inquiring about the theoretical and practical difficulties in this accomplishment, the State‟s role in assuring this right and the problem in some academical productions that points out solutions for that theme. Based on the analysis found in Pisarello (2007), Maricato (2015), Pachukanis (2017) and Edelman (2016), as in many others, it focuses on analyzing, from the traditional and critical perspective, the construction of the social rights, as well as reflects on the problems related to the efficiency and realization of the housing right. As a next step, it builds an overview of the urbanization, industrialization and financialization process in Brazil, also investigating the State action in the midst of the housing crisis. It seemed necessary to analyze the criticism of a Marxist view of law contributions, aiming to integrate them to the housing issue. Finally, it studies the theoretical and practical implications that this contribution results regarding the paths to be threshed and produced to bring the housing to all. The conclusion that follows this assessment infer that the political and social process must be analyzed under the optics of dialectical-historical materialism to serve the routes made towards the political power takeover by the working class.