The right to housing between relativization and invisibility: the position of the Federal Supreme Court in constitutional claims related to ADPF nº 828

Abstract

This article comes from collective discussions and reflections from the survey of judicial decisions made by researchers, as well as collaborators, of the Brazilian Institute of Urban Law (IBDU). Through the mapping of Constitutional Claims in the Federal Supreme Court in the light of the Action for Breach of Fundamental Precept nº 828, the article has as general objective to understand if the right to housing was guaranteed during the COVID-19 pandemic scenario, through the analysis of the argumentative resources of the decisions, in order to identify if there are indicators that recognize the right to housing as a fundamental right. To this end, the article is structured in two phases, the first being the contextualization of the Brazilian housing deficit and the reflexes caused by the coronavirus pandemic, with an analysis of ADPF nº 828, in order to investigate the legal protection of the right to housing in this situation. . Then, the constitutional claims mapped according to the understanding of the aforementioned ADPF are presented, questioning the guarantee of the right to housing and the arguments of the Ministers of the STF in their decisions. The methodology used consists of bibliographic, legislative and jurisprudential research.