O pensamento utópico do direito à cidade e a defesa do direito à moradia adequada pelo Ministério Público Federal

Abstract

Considering the deficit of adequate housing and the conflicts arising from the lack of urban land regularization in cities, it is hypothesized that the deficit of a productive city, as a public space for political participation, possibly contributes to the occurrence of evictions and/or displacement forced to the outskirts of the city, which causes other fundamental rights to be vilified. The text aims to provide legal and political support for the work of the Federal Prosecution Service, and other social agents, in the implementation of public urban identity policies for the recognition, protection and promotion of the right to adequate housing and resulting social rights. Furthermore, it presents a debate about the construction of a fairer and more democratic city, which correlates the right to the city with utilitarian and anti-utilitarian theories of social justice (John Rawls' liberalism and egalitarian liberalism). The research also highlights the constitutional right to decent housing and the instruments that the Brazilian legal system makes available for the implementation of the urban territorial policy. At the end, a case study is presented, which narrates the Federal Prosecution Service's extrajudicial and judicial action in protecting the right to adequate housing of the traditional riverside community Porto do Capim, in view of the intervention in its territory by the Municipality of João Pessoa.