REFLECTIONS OF VACATION RENTALS ON THE FUNDAMENTAL RIGHT TO HOUSING

Abstract

 This research analyzes the effects of short-term rental, especially those mediated by digital platforms, on the fundamental right to housing and the social function of property. It begins with a historical and legal approach to land ownership in Brazilian law, highlighting the evolution of its patrimonial nature toward the recognition of its social function by the 1988 Constitution. The study examines the right to property and the practical inefficacy of the right to housing, emphasizing the contradictions between the real estate market and public housing policies.Within the framework of the Tenancy Law (Law No. 8.245/1991), the research discusses short-term rentals and their regulatory gaps, as well as the impact of this modality on condominium buildings and urban dynamics. It also analyzes digital platform rentals, their socioeconomic implications, and the rising cost of rents in central and tourist areas. Based on an international comparative framework, the study explores regulatory experiences adopted in other cities to contain real estate speculation and protect the right to housing.Methodologically, it adopts a qualitative and exploratory approach, grounded in bibliographic, documentary, and field research. The results indicate that the financial factor is the main driver of property allocation for short-term rentals, contributing to rising housing prices and scarcity. The research concludes with the need for a specific regulatory framework capable of harmonizing economic interests with the social function of property and the effectiveness of the right to housing.