Políticas públicas de regularização fundiária como instrumentos de concretização do direito fundamental à moradia: a implementação de políticas habitacionais no município de Camaçari-Ba a partir de 2010.

Abstract

The exploratory research aims to analyze public land regularization policies implemented in the Municipality of Camaçari / BA - one of the main industrial centers in Brazil, which has suffered over the years with the serious land and housing issue - as instruments of realization of the right to housing, expressly recognized as a fundamental right by the Federal Constitution of 1988. To this end, we sought to evaluate public housing policies, notably land tenure regularization, adopted by the Municipality of Camaçari from 2010, the year of publication of the Municipal Law nº 1137/2010, which approved the Camaçari Housing Policy and the Municipal Housing Plan. To understand the framework of social exclusion and its relationship with housing policies, an analysis was carried out on social rights and their effectiveness, as well as the national and local historical context where land regularization policies are inserted for the purpose of effecting the right to housing. Bibliographic research was adopted as a technical procedure - being developed based on knowledge already produced doctrinally -, combined with the analysis of legislation, normative acts issued by the Municipality and documents related to the demand for housing. The results obtained help to understand that the right to housing is closely related to the principle of the dignity of the human person, as, together with other social rights, it is at the service of protecting individuals against material needs and ensuring an existence worthy. To fulfill this task, despite the doctrinal divergence, it is necessary to defend the full effectiveness and immediate applicability of the rules that define the right to housing, under the terms of art. 5, § 1 of the Federal Constitution, to make it possible to impose on the Brazilian State the obligation to adopt public policies aimed at making this right effective, which does not mean providing and giving housing to all citizens, but rather guaranteeing access for all to the housing market, especially to those most impoverished sectors of society. In the municipality of Camaçari, this perspective cannot be different. One of the main municipalities in the Metropolitan Region of Salvador, Camaçari registered a marked demographic growth from its foundation to the present day, notably due to the implantation of the Petrochemical Complex in the 70s, which contributed decisively to the upsurge of housing problems, which indicates the immediate need to implement housing policies aimed at building new homes, improving infrastructure conditions and implementing land regularization programs.