O Direito Constitucional à Moradia: Reflexões da dignidade no contexto das favelas metropolitanas

Abstract

This article aims to understand and study the institute of decent housing in metropolitan slums and its representativeness as access to social rights in a dignified manner. Its main objective is to question, given the problems of housing precariousness, segregation and infrastructure problems, access to human rights and human dignity in metropolitan slums, bringing the historical context of social rights, its evolution and effectiveness of these norms in the national legal system. It consolidates slums as a means of access to the right to housing, and seeks to demonstrate the problems faced by the inhabitants of such locations and the difficulties of public authorities to address the needs and promote the guarantees established in the Constitution of the Federative Republic of Brazil of 1988, analyzing on the other hand, the possibilities that this location will bring to the residents, while accessing other rights. The methodology used was bibliographical, as it uses and raises different areas of knowledge, based on authors and statistical data supported by previously carried out field research in the areas of constitutionalism, economics, geography and health; the work highlights the duality of the institute of favelas, acting out benefits and difficulties that the resident experiences in these regions, in addition to demonstrating the need to reassess public policies; to transform favelas into places of access to rights and social equity, to guarantee all social and fundamental rights enshrined in the 1988 federal constitution.