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Navegando Teses por Autor "Andrade, Diogo de Calasans Melo"

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  • Tese
    A forma jurídica moradia: propriedade privada e globalização do capital
    Andrade, Diogo de Calasans Melo (2018-02-16)

    Faculdade de Direito (FDIR)

    This research has as general objective to analyze the legal form of housing, investigating its constitution and its performance. In order to understand the right to the city and its relation to the right to housing, the specific works on the themes by authors Henri Lefebvre and David Harvey were used as a theoretical reference. In this sense, private property and housing were related using the idea of city and housing as a commodity; identifying the state's performance in favor of the interests of capital, in addition to understanding segregation. On the other hand, it was verified that the global city plays its actions in favor of the interests of the financial and real estate market, besides detecting the financialization of housing in Brazil; moreover understanding urbanization as business, through the exercise of strategic planning, to favor the private interests of the real estate market. Finally, it was identified, that housing policies in Brazil are not public, but patrimonial policies, as well as, it was noticed that we did not have a welfare state, on the contrary, a patrimonial society that serves the financial and real estate interests; on the other hand, the theory of the income of agricultural land was related to the theory of location; it was identified the urban planning legal instruments that act in relation to the realization of the right to housing, and it was detected the obstacles that the instruments themselves cause against the achievement of the right to housing; the “Minha Casa, Minha Vida” Program was evaluated based on other researches and it was noticed that the concepts and institutes worked during this thesis are applied to the PMCMV (“Minha Casa, Minha Vida” Program). Finally, we try to prove that the obstacles to the accomplishment of the right to housing are caused by the Law itself and by the State.