O acesso ao direito social à moradia digna e adequada na concepção do constitucionalismo dirigente: o impasse da exigibilidade

Abstract

The present study focuses on the (in) justiciability of the housing right and the obstacles surrounding the judicial enforceability of this right. It has as presupposition to identify how much the non-actionability judicial idea of the social rights in the Brazilian constitution, in particular in the housing right, prevents access to it, because it is considered that social rights are devoid of applicability, because they lack legal effectiveness. For this, the conception of the governing constitutionalism will be the starting point of the work, mainly in relation to the programmatic rules present in the Federal Constitution. The first section of the research is devoted to dealing with the legal contribution of housing right both as a fundamental human and social right. The second focuses on the problem of the legal effectiveness of social rights as programmatic norms and low regulatory density. Finally, the challenges to the full realization of housing right and the question of the enforceability of this right. In this context, access to housing rights not only in judicial proceedings but also a complex of actions which are neglected by the Government, especially if compared with other social rights. The hypothetical-deductive method was used in qualitative approach and bibliographical-documentary review.