As Zonas Especiais de Interesse Social como instrumento de efetivação do direito à moradia em Fortaleza: um histórico de luta

Abstract

The right to housing was recognized as a fundamental right in the Federal Constitution of 1988, based on the internationally developed notion, through treaties and conventions, that more aspects than just the place to live should be included. Thus, there is the incorporation, in the Brazilian legal system, of the broad notion of the right to housing, which provides for it together with other basic and essential rights to the establishment of quality of life and the very notion of human dignity, such as access basic sanitation, drinking water, food, health services, education, transport and leisure, for example. That said, the present work is dedicated to studying the Special Social Interest Zones (ZEIS) as an instrument for the realization of the right to housing, more specifically in the local context, in the municipality of Fortaleza. For this, it tried to study the legal system with regard to the normative hierarchy that starts from CF/88, with the chapter that deals with urban policy, passing through the City Statute, the federal law that regulates such issues, and reaching the Plano Participatory Director (PDP/FOR) of Fortaleza. The study was based both on the bibliography produced on the subject of ZEIS and the right to housing, focusing on the legal area, but also dialoguing with productions in the fields of architecture and public policies. From this, we sought to identify the potential of ZEIS as an instrument that uses zoning to promote urban regularization of precarious settlements, analyzing how the implementation process of these areas has been happening in Fortaleza. In this context, it was possible to identify the advances achieved so far, with emphasis on the beginning of the regularization process of 10 ZEIS highlighted as priorities in the city, at the same time that numerous problems are visualized that make the instrument not have been fully implemented until the moment. Furthermore, it was possible to see that the achievements achieved so far were the result of articulation and popular mobilization of communities that are impacted by urban problems, especially with regard to housing.