Social function of urban public property: a perspective for enforcement of social rights

• Grant number: 17/16496-6
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: December 01, 2017
• End date: November 30, 2018
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Fabiana Cristina Severi
• Grantee: Yan Bogado Funck
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

The main objective is to analyze the municipal public policies and judicial actions of repossession moved by Ribeirão Preto's City Hall according to the concept of the social function of public property and the right to adequate housing. The secondary objectives are: a) to make a bibliographic revision of legal dogmatic and theoretical studies about the social function of public property and the right to adequate housing; b) to collect and organize data about the city's public policies in housing and its judicial actions; c) to identify the meanings of social function of public property in the organized data on public policies; d) to discuss results based on the theoretical background on the right to housing effectiveness, through the nuances of legality and illegality proposed by TELLES (2009) and HOLSTON (2013). The research intends to be dogmatic and it is based on the constitutional provision that all the properties must satisfy their social function. We intend to systematize the legal concept of the social function of the urban public property. We should compare the legal concept with its application on the sentences of repossessions proposed by City Hall. Finally, we aim to make a critical analysis of the results based on the Human Right to adequate housing and the urban illegalities. (AU)