Direito à moradia enquanto direito fundamental social e a problemática da sua efetividade

Abstract

The Dignified Habitation occupies large role in the lives of people because of their importance in the most social dynamics, against that, international legal thinking defends its implementation by the States since the Universal Declaration of Human Rights as a true human right. Following the juridical evolution the Federal Constitution of 1988 lately in 2002 included the right to housing as a social fundamental right in Article 6, although part of the doctrine did not even consider as a fundamental right, the other part, attempting to the constitutional evolution and open material regime of the fundamental rights in the 1988’s Constitution defends that this right has always enjoyed this status. Despite all this, the right to housing continues with a low effectiveness, in this way the legal order gets more distant from the reality is each day, although consequences to it are historical. Thus, based on the writings of Sarlet (2012), Barroso (2012) and Serrano Júnior (2012), this article pursuit to make a study about the problematical effectiveness of the right to housing, emphasizing on the role of the judiciary and the urgent need for implementation of constitutional principles.