O DIREITO FUNDAMENTAL À MORADIA E DIREITO AO MEIO AMBIENTE ECOLOGICAMENTE EQUILIBRADO

The fundamental right to housing and the right to an ecologically balanced environment: the reurb and the more legal program in the ilegal land allotments

Abstract

The central theme of this research is based on the debate about the fundamental right to habitation in relation to the right to an ecologically balanced environment. These rights, constitutionally supported, cannot collide, but rather, they must be implemented in a harmonious way, and public policies are one of the main means for their materialization. It is recognized that the right to an ecologically balanced environment is materialized at the same level that the right to sustainable habitation is achieved. Therefore, a problem is identified in institutes such as REURB and More Legal, substitutes to the Urban Land Division Law, once the legal content relaxes environmental obligations. The question is whether, in this way, Brazil would not be equivocally dealing with the right to habitation, but, at the same time, decreasing the protection and enforcement of the right to an ecologically balanced environment. The purpose is to analyze and confront these key issues to ascertain the question. The research method used is deductive and the article is structured between the exposition of the general fundamentals on the themes in question and the deepening in the problematization of the flexibilization on environmental issues promoted by the referred law.