Controle jurisdicional das políticas públicas para o exercício do direito fundamental à moradia

Abstract

This work discusses the control of the Judiciary, regarding public policies for the exercise of the right to housing. The number of homeless families in Belo Horizonte, especially during the pandemic caused by the COVID-19 health crisis, is a factor that does not go unnoticed by those who transit through the city, regardless the different means of locomotion. Added to this fact are populations living in risky areas, unhealthy slums and without the minimum of dignity for themselves and their families. Although fundamental rights are interconnected, the right to housing must be prioritized, since included in article 6 of the Constitution of the Federative Republic of Brazil of 1988, as a social benefit right. In this scenario, the Public Power must be responsible for garantee the effectiveness of such rights. Groups marginalized by historical conjunctures, whether related to capitalism or globalization, would remain excluded from urban space, far from mechanisms of possession or ownership. The Constitution of the Republic of 1988 conditions the property right to the fulfillment of its social function. Without access to minimally structured housing, access to other constitutional assumptions is not allowed. Thus, the role of the Minas Gerais Judiciary Power is problematized when the Public Administration fails to comply or omit itself in the realization of the fundamental right to housing. Comprehended as a duty of the State to enforce the right to housing, and in the face of non-compliance, would the Judiciary Power be responsible for acting and controlling when provoked? For that, we used doctrinal consultation and jurisprudential research on the subject, within the scope of the Court of Justice of Minas Gerais, from 2012 to 2022.