A Proteção Deficitária do Direito à Moradia o que aprender com a experiência de litígios estruturais em Cortes estrangeiras?

Abstract

The fundamental right to housing faces a series of restrictions due to conflicting economic and ideological interests. In Brazil, public policies reduce the right to property acquisition, while the judiciary adopts limited protection, focusing on negative approaches—defending against violations, used in possessory and petitory actions—and minimal positive action—when the courts expand the content of the right or recognize state omission. In contrast, structural litigation in countries like India, the United States, South Africa, and Colombia demonstrates a more comprehensive protection, resulting in a more effective implementation of this right. This article, with a deductive approach based on bibliographic and documentary analysis, examines these international experiences in search of practices that can be adapted both to the Brazilian reality and to other realities, aiming to promote more effective and comprehensive protection of the right to housing.