Os instrumentos que viabilizam o direito social à moradia e o cumprimento da função social da cidade

Abstract

Approximately from the 60s, Brazil underwent a strong appreciation of the city in relation to the field. It can be observed that from that time there was a growing rural exodus, but it is only around 70 the number of people living in cities exceeds the population of the field. This increase in population group in urban centers enabled the fortification of social movements3 which preached the improvement of life, among these, one can highlight the struggles for housing, in which one of its guidelines was / is the search of the city's social function in urban centers. In this scenario, the social pressure went on to win two important laws4: the inclusion of a constitutional chapter on urban policy and the advent of the City Statute. Currently, even after the advent of these pro-housing legislation and pro-social function, we follow daily struggles for decent housing and anti-idle real estate. This shows that innovative institutions that brought these systems are presented as important solutions to these problems inherent in the process of formation of cities. So, in view of the contemporary this issue, this paper will focus on the successive constitutional mechanisms of public intervention on private property in order to induce the use of real estate unused or under-utilized for the social function of the city is made possible. Still, it will be analyzed the tools of land tenure existing in the Federal Constitution and the Statute of the City. With this research can be seen that these mechanisms, both land regularization, as those of public intervention in private property, still have much importance in the Brazilian context and that it is up to society through social movements, seeking the full realization of these tools.