O direito fundamental à moradia: da abstração de sua abordagem em normas internacionais à concretude de sua efetivação em políticas públicas no Brasil

Abstract

The present study aims to demonstrate the relevance of the fundamental right to housing, as well as to make considerations on its concept and scope, highlighting the importance of guaranteeing adequate housing. Additionally, it seeks to analyze international norms and national legislation related to this right, as well as the way it is implemented by the state through public policies in general and housing programs in particular. To achieve this, the study includes bibliographic research with an analyticaldeductive approach to the main concepts related to the topic, legislative research with the gathering and analysis of national legislation that mentions the term "housing," and laws that structure the housing programs being analyzed. It also relies on empirical research based on official websites of various Brazilian state agencies, such as Ministries, Courts of Accounts, autonomous agencies, and public foundations like IBGE and Fundação João Pinheiro, aiming to understand the practical organization of the studied housing programs in order to assess their influence on the housing deficit and the inadequacy of dwellings. The results of the research show that over the years, various housing programs have been implemented in the country by different government administrations. However, despite changes in the practical aspects of these programs, their overall objective has been to provide housing through the construction and financing of new housing units. In this context, it became apparent that, despite millions of reais being invested annually in housing programs, this strategy has not been able to reduce the housing deficit or the increasing inadequacy of dwellings in the country.