Regularização fundiária urbana como efetivadora do direito fundamental à moradia no constitucionalismo contemporâneo na perspectiva de intersecções entre o público e o privado.

Abstract

This research presents the following problem: Do judicial and extrajudicial mechanisms of urban land regularization, predicted in brazilian law, determine the effectiveness of the fundamental right to housing, in its broadest sense and in the contemporary constitutionalism, under the perspective of intersections between public and private properties? It is a bibliographic study that the method of approach is deductive and the procedure method is historical-critical and analytical. The study starts focusing on the concept, the foundation and the evolution of contemporary constitutionalism, and aims to reconstruct the process that conducted to the current constitutional pattern. After that, we focused on the effectiveness of fundamental rights and the phenomenon of law constitutionalization and the appearance of the theory of legal intersections between what is private and what is public. After, the fundamental right to housing was analised, in order to understand its sources and evolution process. Next, its main foundations were analised; they are: the dignity of the person and the denominated "existential minimum". And finally, its efficiency and effectiveness were also addressed, over both perspectives: defensive and state provider rights. At the time the urban land regularization is studied and seen as the concretizing of the right to housing and also as an essential mechanism which avoids the urban housing informality. Then, this article aims to understand the legal and out-of-court normative instruments of land regularization in Brazilian’s jurisdiction.