A especulação imobiliária frente à concretização do princípio da dignidade humana: uma análise do direito à moradia e a garantia dos direitos fundamentais

Abstract

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.