Navegando por Assunto "Direito à moradia"

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A especulação imobiliária frente à concretização do princípio da dignidade humana: uma análise do direito à moradia e a garantia dos direitos fundamentais
(Centro Universitário do Estado do Pará, 2024) Santos, Ana Luiza Benigno; Santos, Lucas Ferreira dos; Carvalho, Bruno Brasil de; http://lattes.cnpq.br/8378493373753040
This article aims to discuss the process of real estate speculation and its role in urban dynamics, particularly regarding the realization of the right to housing, analyzed through a constitutional lens that considers it beyond a mere material property. It focuses on demonstrating how real estate speculation is one of the main causes of the housing crisis experienced in Brazil, characterized by a growing housing deficit. It also seeks to show how the gentrification process it produces prevents a significant portion of the population from accessing adequate housing. The study is grounded in critical theoretical frameworks, understanding real estate speculation as a process inherent to capitalist society, driven by the need for capital accumulation, which transforms land use into a commodity. Using bibliographic research and data analysis from IBGE and other statistical sources, the following results can be identified: the number of vacant properties exceeds the housing deficit; data on inadequate housing reveal intersections of gender, race, and class; excessive urban rent burdens hinder the enjoyment of other fundamental rights; and the number of establishments providing diverse goods and services is lower in favelas and urban communities. It can thus be concluded that the exclusion of a segment of the population from urban spaces is a social reality, with real estate speculation being one of its main causes.
Direito real de laje: análise sobre as suas implicações na proteção ao direito à moradia adequada
(Centro Universitário do Estado do Pará, 2019-06-17) Lobato, Beatriz Yumi Sakai Dacier; Lima, Luciana Albuquerque; Faro, Liandro Moreira da Cunha
This monograph deals with the emergence of the real right of slab, addressing its main characteristics and effects. The main objective is to analyze to what degree this new real right is a useful tool to impact the Brazilian housing deficit scenario, in order to realize the right to adequate housing. The objective is also to defend the autonomy of this real right, in order not to confuse it with the real right of surface. It intends to carry out a critical analysis on the treatment undertaken by the Brazilian public power in the formation of policies to realize the right to adequate housing.
Em que medida a remoção forçada da comunidade terra prometida estava de acordo com o direito à moradia e os tratados internacionais
(Centro Universitário do Estado do Pará, 2024) Gemaque, Andrew Panato; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
The present study aimed to investigate the removal of the "Terra Prometida" community in order to understand the deficiency in the implementation of the right to housing and the provisions of International Human Rights Treaties. To do so, it relied on a historical contextualization of urban formation in Brazil and the Amazon region, specifically the metropolis of Belém, in Pará, to understand socio-spatial segregation in cities and why irregular occupations are marginalized as non-rights holders.
A negação do direito à moradia aos núcleos urbanos informais: os despejos forçados à luz da jurisprudência do Tribunal de Justiça do Estado do Pará
(Centro Universitário do Estado do Pará, 2019-06-03) Figueiredo, Renata de Cássia Brito; Lima, Luciana Albuquerque; http://lattes.cnpq.br/3927152172709201; Faro, Liandro Moreira da Cunha; http://lattes.cnpq.br/4901845729722660
This paper aims to demonstrate how the right of housing, a social right recognized in the Constitution and in the Internacional Covenant on Economic, Social and Cultural Rights, is applied in the jurisprudence of the Court of justice on the State of Pará, when dealing with lawsuits that implicate on forced evictions of a amount group of pleople. It was a monograph, coming from a bibliographical research of description of the doctrinal and jurisprudential positions on the proposed subject. In order to fulfill its purpose, other sources of information were used, emphasizing books, scientific articles and national and international legislation. However, this paper pays more attention in the analyzes of the decisions on lawsuits cases in the paraense court of justice. In this investigation, was analysed how the right of housing is recognized in the national legislation, included in constitution by the constitucional amendment number 26/2000, and its international protectional, especially in the Internacional Covenant on Economic, Social, and Cultural Right, with its the General Comments numbers 04 and 07. In the same way, was analyzed what is an forced eviction, and how it is prima facie incompatible with human rights. Lastly, was analyzed some decisions of the Court of Justice of Pará, about forced eviction on an amout group of people, using the directions predicted on the general Comment number 07. As result, the conclusion was that the Court of Justice of Pará don’t use the directions found in the Covenant on Economic, Social, and Cultural Rights and in its General Comments nº 04 and 07.