O PAPEL DO PODER PÚBLICO NA TUTELA DO MEIO AMBIENTE E DA MORADIA DIGNA: ASSENTAMENTOS IRREGULARES SITUADOS EM ÁREAS DE PRESERVAÇÃO PERMANENTE (APP)

Abstract

Based on the assumption that environment and housing are fundamental human rights,
inherent to the dignity of the human person, it is understood that the Public Authorities
must promote their protection through specific public policy instruments. However, in certain situations this tutelage becomes the object of complex execution, especially when there
is a conflict between the exercise of both rights, in irregular settlements installed in areas
of permanent preservation. The objective of the paper is to analyze - in a reflexive and not
exhaustive way - the relevance of the mentioned human rights, also passing through the
analysis of the public policies adopted for the solution of this complex conflict. Therefore,
two specific cases will be analyzed: the “Favela do Pau Fininho”, in Fortaleza-CE, and the
“Dique da Vila Gilda”, in Santos-SP.