The institute of expropriation and the right to urban housing: an instrument of public housing policies

Abstract

The reversal of the concentration of the population from the countryside to the cities and the lack of planning to support the accelerated population growth gave opportunity to the serious problem of lack of housing in the cities of various parts of the world, being also a reality to be faced in Brazil. In spite of many international and national legislation guaranteeing the right to housing, the issue of housing deficit in the country is very serious, especially in urban areas, where are evident social exclusion and spatial segregation. This is the factual substrate that promotes this research, whose central problem consists in checking the legal, theoretical and practical contours of the institute of the dispossession, inquiring its viability as an instrument at the service of public policies housing. In these terms, it seeks to establish the limits and potential of the institute, as well as how it is being applied in practice. For this purpose, initially, there will be a review of the literature on the subject and the legislation regarding, in order to that, subsequently developed a qualitative research, documentary, consistent analysis of trial, with the intention to establish, in practice, as the modalities for the expropriation of the urban property has been related to the realization of the right to housing by the Court of Justice of the State of Sao Paulo, in the district of Sao Paulo. With this methodology is expected to shed light on the current designs of property rights, of the expropriation and the enforcement of the right to housing, one of the pillars of the human dignity, and whose implementation covers numerous challenges to be overcome in an effort that spans the knowledge and rational application of the instruments provided by the legal system, among them, the expropriation. (AU)