A coexistÃncia de direitos no contexto da informalidade urbana: o caso de Fortaleza

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

This work has as its main focus the analysis of the juridical pluralism â the coexistence of state and non-state rights â in the context of urban informality of Fortaleza city, CearÃ. It approaches the issue by elucidating both the nature of the Capitalistic State and the existence of different social fields and different scales into which the Law is applied. The focus of analysis is equating right to housing and right to property in the informal settlements, considering these as settlements that are not ruled by the juridical urban state ordainment. Thru the distinguished scales of Law (international, national, municipal and local) it aims to identify the relations of force between the social segments, in the process of realization or notrealization of the housing right, elucidating if the actions adopted towards the mediation of conflicts and the regularization of the spaces of urban informality of Fortaleza find juridical support in the legislative whole in operation, pointing to the coexistence of other rights besides the state, which characterizes the juridical pluralism. Finally, it points out that in spite of the democratic conquers towards the social justice which characterize the Brazilian legislation, in the two last decades, alternative ways of right to the access to urban property and to housing persist among the population that is excluded from the formal market of housing. A new source of Law not originated from the State and that characterizes the juridical pluralism

ASSUNTO(S)

informalidade urbana housing polices housing right juridical pluralism urban planing polÃtica habitacional urban law urban informality pluralismo jurÃdico ciÃncias humanas direito à moradia planejamento urbano direito urbanÃstico

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