Provisão habitacional e a (des) construção do direito à cidade: um olhar sobre a ação civil pública como instrumento de avaliação do PMCMV

Abstract

Through the observation of the distortions of the Minha Casa Minha Vida Program (PMCMV) present in the edification of projects in several Brazilian cities, this work seeks to answer the following questions: federal housing policies implemented in the country after the 1940s, moved toward the realization of the right to the city or just acted to promote empowerment of the private sector? The PMCMV, current housing provision model follows the principles and directives that lead to realization of this right? As the Ação Civil Pública (Law 7.347/1985) can contribute to building a more just and democratic housing policies, since it is an instrument for defending the collective interests of a society? To answer the questions, we carried out a literature review on the concept of the right to housing and the right to the city, as well as the models adopted by the housing policies implemented by the federal government since 1940. It presents and critical to structure adopted by PMCMV for the provision of social housing and, therefore, uses the Ação Civil Pública as an evaluation instrument of the PMCMV and defense of the right to the city in a moment of intense housing construction supported by the system financial. It was selected and analyzed some ACPs presented by the MPF because of the serious mistakes made in the aforementioned program. We also present some MPF recommendations to the government restores the right to decent housing to hyposufficient. Thus, given the absence of civil society in the formulation, implementation and decision-making in PMCMV, we highlight the importance of the MPF as a new actor political and ACP as a relevant rights protection instrument to the city to beneficiaries of social housing programs produced by the state. The final considerations are intended to show that the housing provision when formulated without the participation of civil society, even in democratic contexts, intensifies the struggle for urban land, leading to policy legalization process, ie, the direct intervention of the judiciary in acts of the Executive.