A Ressignificação do Direito à Cidade a partir dos Direitos Humanos: as Smart Cities como um espaço para garantir a qualidade de vida das pessoas com deficiência

Abstract

This thesis approaches the theme of The Resignification of the Right to the City, based on the Human Rights - Smart Cities as the space which guarantees life quality for disabled people. The challenges which are part of the search for life quality and inclusion of disabled people necessarily pervades the act of resignifying the right to the city and the (re)organization of urban spaces by means of technological innovation and scientific development. Within this scope, the future city models, as the Smart Cities, can contribute to the emergence of new possibilities related to legal facts which have direct impacts on the life of such social group, and on the protection of their dignity. In this sense, the United Nations established the 2030 Agenda, whose ODS 11 specifically refers to the cities’ development. According to the global commitment to which Brazil is a signatory, the cities must adapt to be more inclusive, safe, sustainable and resilient to disaster or unexpected events. This thesis objectifies to study the structural elements of the smart cities, which contribute to cause the resignification of the right to city, within the ODS 11 scenario, so that the Human Rights for disabled people are met. For this purpose, we use the systemic-constructivist approach in order to demonstrate - according to Gunther Teubner’s theory of societal Constitutionalism, Niklas Luhmann’s Systems Theory, and Henri Lefebvre’s The Right to the City - the resignification of the Right to the (Smart) City as a condition for the possibility of achieving the human rights for disabled people. To do so, we have to take into account the ODS 11 guidance, making it possible the connection and the structuring of (auto) regulatory models, besides the interconnection of knowledge from other Sciences. However, our remarks will be carried out also by considering the Law as part of this interdisciplinary communication. This approach is suitable for the type of development which tends to the interdisciplinarity, that is, presenting a disciplinary overflow in this research, which also signalizes to the researcher the opportunity to reach other investigation levels, which allows us to take action from different levels of reality. The Human Rights as the guideline on the resignification of the Right to the City is a condition to the possibility of the (re)organization of urban spaces by using (new) technologies which allow smart cities which are vivid, inclusive, safe, sustainable and resilient, as spaces that ensure life quality for disabled people. The Human Rights are the fundamental ethical boundaries to mediate public and private interests, which establish the horizon of possibilities of social and digital inclusions related to disabled people. The resignification of The Right to the City is based on the necessity of amplifying the concept of citizenship by means of a participatory governance which allows their inhabitants a collective taking of decisions, by recovering values from the Classical Antiquity, with the (re)publicizing of private interests, as well as a new perspective in relation to the social efficacy of the Human Rights.