Social tenancy in urban vacancies and its institutional arrangements

Abstract

The situation of property vacancy in central areas, equipped with public infrastructure, contrasts with the housing deficit and raises questions about the actions of the Public Authorities aimed at ensuring the right to housing and the fulfillment of the social function of property—fundamental rights enshrined in the 1988 Federal Constitution. Studies highlight the operational and administrative challenges of the Compulsory Subdivision, Building, or Use, which serves as the primary urban instrument to encourage the utilization of idle properties, suggesting the possibility of exploring new alternatives for Brazil. Some countries have incorporated legal frameworks and public policies into their institutional plans that promote densification in vacant properties, fostering an interpretation that prioritizes the use value of property over its market value, as seen in Spain. Thus, the present study aims to analyze the feasibility of implementing incentive measures to achieve social housing in urban voids of private property in Brazil, outlining the legal frameworks necessary for their inclusion in an institutional arrangement. It takes as a reference the Empty Housing Program of the Basque Country/ Spain, which seeks to establish social leasing in private properties incorporated into the public housing stock through subsidies and contractually established agreements, without prejudice to the property owner's rights. The methodology employed is comparative and prospective legal research, with a quali-quantitative nature. The study adopts bibliographic and exploratory techniques, using a comparative-functional framework of reference.