O DIREITO À MORADIA COMO CONDIÇÃO PARA ATENDIMENTO DO PRINCÍPIO DA DIGNIDADE DA PESSOA HUMANA

Abstract

The right to housing was effected in the Federal Constitution as a social right. Until the
year 2000 there was no express direction to the law in the legal text, being inserted in the
Constitutional Amendment n° 26/2000. For the effectiveness of this right, it is necessary
to determine the existential minimum of man so that his right is effective, being, therefore,
the principle of human dignity, which is also a positive legal norm in the Magna Carta,
being recognized as a fundamental element for the State, which comes together to ensure
the right to housing. This right does not only refer to a roof so that man can shelter himself,
but corresponds to the objective of perpetuating the right to life, which must be visualized
in the macro, as the concession of adequate housing with decent facilities, the concession
of basic services : drinking water, basic sanitation, energy, public lighting; as well as access
to essential public services: education services: schools and day care centers, health care:
emergency care unit; basic service unit; employment opportunities and that housing is not
granted in remote and polluted places with the aim of marginalizing this needy population.
The granting of this minimum linked to housing is a condition for the other rights to be
exercised, as well as security, leisure and the psychosocial structure of man. In this perspective, the present work aims to relate the right to housing for assistance and implementation of the principle of human dignity. Finally, the research methodology of this work will be bibliographic reference research.