THE LEGAL-INSTITUTIONAL DIMENSION OF THE PUBLIC POLICY OF THE URBAN LAND REGULARIZATION OF SOCIAL INTEREST AND THE SEARCH FOR ITS EFFECTIVENESS

Abstract

The Federal Constitution of 1988 enshrines the social right to housing, which is positivized by the disorderly march that took place in the country from the countryside to the cities, especially in the 20th century, which led to the inevitable degradation of the Brazilian city; despite the prediction, the problem persists on a national scale. At the same time, and given the scarcity of public resources to provide the subjective right to a place to live, there are state duties to create public housing policies and provide resources for it, eminently political decisions. Thus, in view of a topic whose scope is not limited to legal components, in order to be adequately understood, it demands a strategy different from that used for traditional legal issues. In this investigation, the "Public Policy Reference Framework" (BUCCI, 2015) will be used to analyze one of the housing policies, that is, the urban land regularization of social interest and its novel conformation, given by No. 13,465 Statute, of 2017, and how the Judiciary can act on its institutional design, which removes, therefore, the present research, from the traditional approach of questions related to the existential minimum/reserve of the possible.