THE RIGHT TO OWNERSHIP OF MANSIONS IN MANAUS AS A CONTRAST TO THE CONSTITUTIONAL RIGHT TO HOUSING

Abstract

The aim of this study is to look at legal protection and the property relationship that exists in properties listed as cultural and historical heritage. The field of study is properties located in the city center of Manaus, the capital of the state of Amazonas. This is justified by the relevance of the historical moment known as the Belle Époque and its effects on the municipality, which still reflect much of the city's culture and architecture today. The methodology takes a legal-social approach, paying attention to the factual context and contemporary challenges. The problem that gave rise to this research stems from the current state of abandonment of historic buildings, investigating the reasons why some buildings of great historical importance are at risk of collapse. It also aims to analyze, in the light of the 1988 Federal Constitution and case law and doctrine related to the subject, the legitimacy of ownership exercised in listed buildings in the city center of Manaus. The results show that, considering the legal nature of the listing of historic buildings from the Belle Époque period, the property rights of the inhabitants who want to live there cannot be authorized by the legal system.