From the effectiveness of the right to housing to the right to the city: a three-dimensional rationality for Brazil and Spain

• Autores: Wellington Migliari
• Directores de la Tesis: Juli Ponce Solé (dir. tes.)
• Lectura: En la Universitat de Barcelona ( España ) en 2018
• Idioma: español
• Tribunal Calificador de la Tesis: André Luíz Freitas Días (presid.), Marcos Vaquer Caballería (secret.), Alexandre Peñalver i Cabré (voc.)
• Programa de doctorado: Programa de Doctorado en Derecho y Ciencia Política por la Universidad de Barcelona
• Materias:
  • Ciencias jurídicas y derecho
    • Derecho y legislación nacionales
      • Derecho administrativo
      • Derecho constitucional
      • Derecho publico
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• Resumen

  • The conflict between property system and the right to housing has evolved into a more complex inquiry since the beginning of the present research. Our initial analysis on the effectiveness of the social function in ownership discovered in tribunal decisions how restricted was the understanding of property concept. The liberal perception of non-interference in the economy of real estate market reduced the legal debate about the internal limits of property to a financial binary relation, for instance, individuals affected by mortgages and credit institutions, tenants and non-residential landlords, families living in vulnerable socioeconomic conditions and investors. However, the housing problem causes yet a certain legal inquietude since the number of non-occupied properties and the cost of rents are still increasing in Brazil and Spain. Examining the data available for both countries, we found a macroeconomic variable in urban development and housing access intimately linked to stock exchange markets. In addition, the absolute notion of property right is an obstacle inherited from the civil law tradition that impedes the openness of the ownership system to its social dimension. The aim of our thesis is the effective defence of the right to housing as a legal instrument associated with the social function of property and as a connecting factor to the other rights in urban context. Our hypothesis requires a three-dimensional rationality for adequate judgments beyond the task of tribunals. A set of reasons of how both societies can limit the transnational real estate speculation, overcome the civil law tradition in an inert tension with democratic sovereignties and use the social function like a legal category so that the effectiveness of the right to housing serves as a turning point for the right to city.