THE PROHIBITION OF HOSTILE ARCHITECTURE IN URBAN SPACE: AN ANALYSIS OF THE EFFECTIVENESS OF LAW NO. 14,489/2022 IN LIGHT OF THE PRINCIPLE OF HUMAN DIGNITY

Abstract

This scientific article aims to critically discuss the phenomenon of "hostile architecture" in Brazilian cities and its restrictions in urban space, particularly in light of omissions and spatial segregation practices targeted at the homeless population. The research is based on the hypothesis that, although Law No. 14,489/2022 (Padre Júlio Lancellotti Law) and the constitutional framework uphold human dignity, the right to the city, and the social function of property, the legal norm presents limitations regarding its material efficacy in the face of technical subterfuges and institutionalized aporophobia. The methodology adopted is qualitative in nature with a socio-legal approach, supported by bibliographical and documentary analysis (focusing on Article 1, III; Article 5, XXIII; and Article 182 of the 1988 Federal Constitution, as well as the amendment to the City Statute by Law No. 14,489/2022). The findings are examined by contrasting them with the theoretical frameworks of Adela Cortina, Henri Lefebvre, and David Harvey, seeking to evaluate the efficacy of the established legal order and discuss measures to enhance its effectiveness. It is hoped that the study will contribute to examining existing segregationist practices and pointing out emancipatory pathways — such as strengthening collective protection, ensuring accessible reporting channels for vulnerable groups, and adopting Housing First model policies — to guarantee full inclusion and the right to the city