O direito à moradia urbana como um dos pressupostos para a efetivação da dignidade da pessoa humana

Abstract

The comprehension of the constitutional principle of human beings dignity, on which Federal Constitution of 1988 is established, presupposes an understanding of its formal and material aspects. Formal dignity is inherent to man; material dignity presupposes social rights attendance, at least, those rights that constitute the so-called minimum existential, which are difficult due to the indetermination of their content. Human beings dignity, as a founding principle of current Law is approached in this text giving it sense and unit. It is, for many, a meta-principle or, in a better sense, an overright, without which other constitutional principles do not have reason for existence. A dignified life requires that social rights are satisfied. These social rights are stated in article 6 of FC/1988 among which are housing rights, inserted in the constitutional emend 26/2000. The framework of the Federal Constitution does not present social rights under the heading that deals with the foundations of the Democratic Status Quo, but that is the way they are classified, constituting the definition of human beings dignity. Consolidating the developing of human beings dignity, the current Constitution establishes that economic order, founded both on the valorization of human work and on the free initiative, assures a dignified life to all, observing private property and the social function of property, what means the utilization of the land according to public interests. Law 10,257/2001, named City Code, regulates the constitutional articles (182 and 183) that read on urban policy, guaranteeing the right to the sustainable cities, understood as the right to urban land, housing, environmental management, and instruments for public Power actions that can, eventually, dispossess land. Social exclusion requires, in this way, a revision of the significance of cities and of the right to them. Once socially excluded, man does not have access to goods offered by them. The correlation of constitutional articles with the principle of dignity is presented all along the text, everything being done to materially attend the principle-value of human beings dignity. The convergence of the constitutional and infraconstitutional rules for the principle of human beings dignity is inevitable, since the State exists for man, and that man, in order to exist, occupies a place. The one who doesn t have a place to occupy and live neither has dignity.