DESAPROPRIAÇÃO URBANÍSTICA SANCIONATÓRIA COMO MECANISMO DE CONCRETIZAÇÃO DO DIREITO SOCIAL À MORADIA

Abstract

Considering, on the one hand, the situation of social vulnerability experienced by millions of brazilian families who, according to the federal government, have nowhere to live, in contrast to the millions of urban properties that, not fulfilling their social function, remain undeveloped , not used or underused, this research aims to contribute to the realization of the social right to housing, fixed in the caput of article 6th of the Political Charter of 1988, through the analysis of the sanctioning urban expropriation, expressed in article 182, paragraph 4th, III, of the Federal Constitution of 1988, and regulated by the City Statute and the Master Plans, can contribute to the materialization of this right in the specific scope of the Municipality of São Luís. For this purpose, the work is divided into three main parts. The first one is dedicated to analyzing the right to property and the right to housing, regarding the appearance, historical evolution, legal frameworks, applicability and normative status, in addition to the intersections between these rights and the social function of property. The second onde highlights, on the one hand, the concept of a panorama of housing needs, which includes the housing deficit and inadequacy, relating to Brazil, Maranhão and São Luís, and, on the other hand, the panorama of the stock of households existing in these same territories, with a focus on those considered vacant, abandoned, unused, underutilized or not built. The third part reveals the extent to which an expropriation modality under study, a sanctioning urban expropriation, can favor the realization of the right to decent housing for the population of São Luís.