O direito fundamental à moradia no âmbito do constitucionalismo contemporâneo : a concretização do princípio da dignidade da pessoa humana, instrumentalizado pelo princípio da solidariedade no caso da política pública habitacional “loteamento cidade do povo”.

Abstract

The verification of the realization of the constitutional principle of human dignity, instrumentalized by the principle of solidarity, through the fundamental right to housing within the public housing policy known as “Cidade do Povo Housing Development,” in the city of Rio Branco, State of Acre, considering the context of Contemporary Constitutionalism, leads to the conclusion that the aforementioned public housing policy cannot be considered a vector for the realization of human dignity, instrumentalized by solidarity, given the high levels of violence still present in the area and the constant fear experienced by the resident population. The general objective of this research was to verify whether the Public Housing Policy “Cidade do Povo Housing Development,” in the city of Rio Branco, State of Acre, which characterizes the realization of the fundamental right to housing, constituted an effective implementation of the Constitutional Principle of Human Dignity, instrumentalized by the Principle of Solidarity. The specific objectives were: to address the realization of the right to housing within the public housing policy “Cidade do Povo Housing Development,” in the city of Rio Branco, State of Acre; and to verify whether the public housing policy “Cidade do Povo Housing Development,” in the city of Rio Branco, State of Acre, as a manifestation of the right to housing, constituted a vector for guaranteeing the principle of human dignity, instrumentalized by the principle of solidarity. The housing deficit in Brazil is estimated at 5.876 million units, of which 5.044 million are located in urban areas, corresponding, in relative terms, to 8% of the total stock of permanent and improvised private households in the country. This factor demands more vigorous public housing policies. Furthermore, the fundamental right to housing must be analyzed from the perspective of contemporary constitutionalism, considering that the State has, as a fundamental duty of solidarity, the obligation to guarantee the fundamental right to adequate housing, since the constitutional principle of human dignity represents the matrix of the entire Brazilian legal system and serves as a guiding principle for all national public policies. The public housing policy “Cidade do Povo Housing Development,” conceived and implemented in the city of Rio Branco, State of Acre - where the housing deficit in the state is 10% (data on housing deficits provided by the João Pinheiro Foundation, referring to the period from 2016 to 2019) justifies the present research in order to verify whether this realization, based on the approval of Constitutional Amendment No. 26 of 2000, effectively supports the theme of the research presented herein. The research problem proposed to be answered was the following: Did the public housing policy “Cidade do Povo Housing Development,” in the city of Rio Branco, State of Acre, as a form of realization of the fundamental right to housing, constitute an effective implementation of the constitutional principle of human dignity, instrumentalized by solidarity? The methodological approach used was the hypothetical-deductive method, based on two hypotheses: one positive and one negative. The first hypothesis suggests that the public housing policy “Cidade do Povo Housing Development,” in the city of Rio Branco, State of Acre, can be considered a vector for the realization of human dignity, instrumentalized by solidarity, due to the construction of adequate housing, the urbanization of public spaces, and the public services offered within the same area. The second hypothesis, however, suggests that despite the conditions offered by the housing development, and despite compliance with the constitutional determination of the State’s duty of solidarity in guaranteeing adequate housing, public spaces, and public services consistent with local needs, the fundamental public housing policy represented by the “Cidade do Povo Housing Development” did not, in fact, constitute a realization of the principle of human dignity, instrumentalized by the principle of solidarity. It is noted that contemporary constitutionalism imposes a new interpretation of individual and social fundamental rights, in the sense that the constitutional principle of human dignity guides the application of these rights. Therefore, the fundamental social right to housing must be one of the elements of the realization of the principle of dignity. Consequently, the present study gains relevance insofar as it investigates the conditions under which the public housing policy “Cidade do Povo Housing Development” was implemented in the city of Rio Branco, State of Acre, in order to verify whether it effectively constituted a realization of the principle of human dignity, instrumentalized by the principle of solidarity. Thus, the present research project is directly related to the line of research on Contemporary Constitutionalism of the Graduate Program in Law at the University of Santa Cruz do Sul, as it connects the implementation of the principles of human dignity and solidarity with the guarantee of the fundamental right to housing for underprivileged individuals through the public housing policy “Cidade do Povo Housing Development.”