A aplicação do instrumento urbanístico de assistência técnica como forma de resistência à remoção

Abstract

The purpose of this study is to analyze the urban assistance instrument instituted by Law 11888/2008, which assures low- income families technical, public and free assistance for the construction of housing of social interest from the perspective of resistance theory, Which has legal justification in the constitutional right of freedom, provided for in art. 5, caput, of the Federal Constitution. If the constitutional legal order provides for the prediction of public policy determined by law, the performance of organs and entities not institutionalized by the state emerges from urban conflicts in the claim for the full exercise of the social function of the city. By investigating the concepts of the right to the city and adequate housing, issues related to the right to resist, and the innovations brought by the normative framework of Law 11.888/2008, as part of the urban policy guidelines set forth in art. 182 of the Constitution, regulated by Law No. 10.257/01- City Statute, it is intended to demonstrate that the implementation of the principles of housing construction of social interest, as part of the social housing right set forth in art. 6 of the Federal Constitution, represents a policy of urban planning, to achieve the right to adequate housing.