Land regularization and municipality in the promotion of social housing policy in Brazil

Abstract

This research refers to analyzes and reflections on the implementation of social housing policies in view of the prerogatives of municipal constitutional competence endowed with its discretionary power. In a peculiar way, it discusses the applicability resulting from the premise that social housing policies have a fundamental nature, immediate application and constitute an indispensable pillar for guaranteeing the so-called minimum existential of the human person. In this sense, the objective of this work was to carry out an analysis on the possibility of the prerogatives of municipal discretion to overcome the guarantee of fundamental rights in an environment of promotion of social public policies, in other words, if the municipalization of the social policy of land regularization shows an obstacle to the promotion of social housing policy in Brazil. For this purpose, the methodology was based on a bibliographical review, as well as documental and exploratory research on municipal legislation and operational procedures of the housing secretariats in the municipalities of Trindade and Goiânia in satate of Goiás. From the analyses, it was understood to what extent in the analyzed municipalities there are obstacles in the promotion of the right to housing when exercising their discretionary power.