Da Política Urbana: notas sobre a perda de potência do inovador discurso constitucional brasileiro

Abstract

This article deals with the scope of art. 182 and 183, of Chapter
II ”“ Urban Policy of the Constitution of the Federative Republic of Brazil
of 1988 and Law 10.257 of 10/07/2001, Statute of the City, in face of
the reiteration of the urban question in Brazil. Supported by theoretical
and documentary research, he points out characteristics of Brazilian
urbanization, highlighting socio-spatial segregation and financialization
of housing; identifies political subjects involved in the production, disputes
and ordering of the territory, emphasizing the state management urban;
contrasts the rights to the city and the dwelling, explaining elements of
the contradiction between the normative design of these rights and their
concretization through urban public policies. It concludes that the retreat
of the State, assuming neoliberal precepts, in an increasingly deep and
authoritarian way, manifests the failure of the understanding of the city as
public construction and housing as a fundamental social right present in
the rhetoric of Brazilian constitutionalism.