Parceria público-privada na política de habitação do município de Belo Horizonte: análise da possibilidade jurídica de implementação dos modelos adotados pelo estado e município de São Paulo

Abstract

The housing right is a civil and social right guaranteed in Article 6 of the 1988 Brazilian Constitution. However, although guaranteed by the Constitution, the access of this right does not always occur effectively due to public budget and government operational limitations. This situation leads to the so-called housing deficit, especially in urban metropolis, where the low-income population faces greater difficulty in affording adequate housing. Even in municipalities where housing policy is structured, as is the case of Belo Horizonte, there is a housing deficit, making it necessary to seek alternatives that increase the forms of fulfillment of government assignments. Public-private partnerships, regulated by Act nº. 11.079/2004, constitute a mechanism used by the Administration for the provision of public services that it is responsible for and, prima facie, are compatible with the satisfaction of the social right to housing. Based on this premise, this work is intended to analyze the legal possibility of implementing the model of public-private partnerships adopted by the State and Municipality of São Paulo in the housing policy of the Municipality of Belo Horizonte. The research question consisted of evaluating the compatibility of the guidelines of São Paulo's administrative concession contracts with the rules of the Municipal Housing Policy of the Municipality of Belo Horizonte. Another question raised was whether the celebration of PPP’s made it possible to serve the population of São Paulo, with an offer of social interest ensuring, of dignity of service, access to housing. To respond to the question raised, a legal-social investigation was developed, through a legal-comprehensive approach, by collecting primary data, such as legislation, housing programs and documents of the São Paulo housing PPP and secondary data, as doctrine and scientific articles about the subject. The conclusion obtained is that, although public-private partnerships are compatible with the guidelines of the PMH, with the legal possibility of adopting this modality, by the Municipality of Belo Horizonte, to increase the forms of housing facilities, this does not seem to be the best alternative, in view of the existing criticism of the model and the high costs involved in its execution.