O papel do Estado na falta de efetivação do direito à moradia e a influência do mercado imobiliário na construção do espaço urbano

Abstract

The present paper studies the role of the State in the non realization of the right to housing, and the influence exercised by real estate capital in the metropolises. As a research methodology, qualitative and bibliographical were used, with the analysis of works and productions in the area of urban and administrative law, literature in the area of architecture and urbanism, in addition to legislative analysis of normative instruments. Thus, the objective of this work is to understand how and for what reason the State, historically, contributes to the concentration of land and to the strengthening of the real estate market, which, in turn, contributes to the maintenance of social inequalities and spatial segregation in the city. Thus, the work discusses the context in which Brazilian cities were born. Brazilian cities are marked by late, rapid and disorderly industrialization, just as the urbanization process occurred, contributing to the swelling of urban spaces. From an early age, the right to decent housing is repeatedly denied to low-income sectors, who were away from the center, to occupy the margins of cities, often in environmentally vulnerable areas, and where it did not have access to infrastructure or public services. It happens that, by enacting the Federal Constitution of 1988, accompanied by the edition of Constitutional Amendment nº 26/2000, the Public Power assumes the responsibility of guaranteeing the right to housing, as well as of intervening in the dynamics of commodification of space, seeking to minimize the impacts of land concentration and consequent concentration of wealth. However, despite the assumed commitment, the State leaves something to be desired when guided by the expectations of remuneration of invested capital and not by the needs, demands and desires of the population. In this way, it can be concluded that the State has played a strong role in disrespecting the right to housing, since its decision-making takes place in the sense of strengthening institutes that cause the city to become more expensive, and, consequently, the territorial segregation and the maintenance of social inequalities. Thus, even thirty-four years after the enactment of CF/88, which was conquered with sweat by social movements, the poorest classes still need to continue fighting to have their fundamental rights respected and enforced, so that a sustainable and fair occupation is possible in the city.