O direito à moradia adequada: desafios e perspectivas na comunidade tradicional do Dique Estrada, Maceió-AL

Abstract

The urbanization of the city of Maceió occurred unevenly, with an increase in social inequalities among its population, resulting in access to the city being divided between the “legal” and the “illegal”. The urbanization process of the capital of Alagoas led to the unbridled occupation of urban land, especially in risky and environmentally fragile areas, such as the occupations that were established in the Laguna Mundaú region. This aspect directly interfered with access to adequate housing, increased the housing deficit and the need to implement urban projects aimed at guaranteeing housing, given the violation of the rights of the low-income population. Adequate housing is a fundamental social right recognized by the Federal Constitution of 1988, as well as by other internal regulatory instruments, such as the City Statute and the Master Plan of Maceió. In addition, it is provided for by international standards, such as General Comment No. 4 of 1991, of the UN Committee on Economic, Social and Cultural Rights. owever, this guarantee is violated in the urban scenario of occupations in the lagoon region of Maceió. Therefore, this research aims to analyze the right to adequate housing in the socioeconomic and urban context of the Traditional Community of Dique Estrada, located on the banks of the Mundaú Lagoon, with the aim of comparing the socio-legal “must be” with the reality experienced by the inhabitants, since the Community has a long history of housing projects that did not meet the specific needs of the population, as a traditional population, as well as due to the numerous removal processes. Thus, the applicability of legal standards and access to housing projects will be analyzed, based on the implementation of the Parque da Lagoa Residential Project, which is currently being implemented in the Dique Estrada Community, which aims to promote Housing Units. This scenario is an emerging social problem, since violations of several rights are observed, notably the right to adequate housing, trengthening social inequality and the lack of legal security of possession. The research considered the approach of capitalist relations in the formation of inequality in the Dique Estrada Community, the role of the State in the capitalist system that disarticulates the fight for the right to adequate housing and participatory democracy, through popular participation, to guarantee this right, as well as brought the analysis of this guarantee based on legal systems. The methodology used was the materialist dialectic together with the bibliographic review and the empirical method, based on the on-site analysis and interviews with residents and community leaders of the Dique Estrada Community to analyze the main difficulties experienced by local residents in the fight for the right to adequate housing, as well as to examine the implementation process of the Parque da Lagoa Residential Project. Thus, based on the research carried out, it is suggested that the research continue, because this housing project is still in the process of implementation, noting that the effectiveness of the right to adequate housing cannot yet be configured, observing only the perspective for its guarantee.