Home, home sweet home, “ coffee ”. Everyone has one to call their own, don't they? Unfortunately, no, and that's what we'll be talking about today: the right to housing. For people from the upper middle class, calling one or more places home is a reality. Much because, after a certain moment, housing became a right. However, we see many people living on the city's streets, especially in large cities. After all, what is the right to housing then?
WHAT IS THE RIGHT TO HOUSING?
The right to housing is basically the right to have a home. This question may seem trite to someone who has already established a home of their own; whether the house is owned or rented. But housing, property, housing are problems and issues dealt with historically in various spheres, from the legal to the governmental, including medicine.
To understand this, let's talk about the right to housing in a broader sense: the global. Since the mid-twentieth century, in 1948, the right to housing has been considered a fundamental right by the Universal Declaration of Human Rights, which triggered the beginning of the United Nations. Therefore, since that time, the right to housing has been considered a universal human right, that is, all people must have access – among the member countries of the UN.
DOES THE RIGHT TO HOUSE EXIST IN BRAZIL?
Brazil, as a member of the UN, subscribes to what the Declaration of Human Rights says: “ Everyone has the right to a standard of living capable of assuring themselves and their families of health and well-being, including food, clothing , housing , medical care and essential social services . This is because the international treaties and agreements signed by the Brazilian State have the force of law, making compliance mandatory within our territory.
In addition to the UN declaration, Brazil is also part of the International Covenant on Economic, Social and Cultural Rights, which was promulgated in 1996. The Covenant says that the States that signed it “ recognise the right of every person to a standard of living adequate for themselves himself and his family, including adequate food, clothing and housing, as well as continuous improvement in their living conditions. ”
These signatures already put the Brazilian State in favor of the right to housing. Therefore, it is a right extended to those who live in its territory. There are also national laws on the subject. Let's meet them?
RIGHT TO HOUSING: HOW ARE THE BRAZILIAN LAWS?
We know that internationally, Brazil signed under the right to housing. Nationally, too. Since 1988, with the promulgation of the Citizen Constitution, the housing issue has been present, but not in detail. When talking about the common competence of the Union, the States, the Federal District and the Municipalities to “ promote housing construction programs and the improvement of housing conditions and basic sanitation” ; it already deals with the subject of housing, even if theoretically and briefly. Also to provide for the requirements of the minimum wage , it states that the value should be "able to meet their basic living needs and those of their families with housing , food (...)" .
The right to housing itself has not been in the Constitution since its implementation, but became a constitutional right in 2000, when Constitutional Amendment No. 26 was incorporated into it. The law says the following: “ The social rights are education, health, food, work, housing , leisure, security, social security, protection of maternity and childhood, assistance to the destitute ”.
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