THE ENFORCEMENT OF THE FUNDAMENTAL RIGHT TO HOUSING THROUGH URBAN LAND REGULARIZATION (REURB): MUNICIPAL OMISSION AND THE PRODUCTION OF DEAD CAPITAL IN THE BRAZILIAN LEGAL SYSTEM

Abstract

Introduction: The fundamental right to housing, enshrined in Article 6 of the Federal Constitution of 1988, represents one of the pillars of human dignity and the realization of citizenship in the Democratic State of Law. Objective: The present work aims to analyze the implementation of the fundamental right to housing through urban land regularization (REURB), with a focus on municipal omission as a limiting factor in this process. It seeks to investigate how the inertia of municipal entities contributes to the maintenance of urban informality and to the production of dead capital in the Brazilian legal system. Conclusion: In light of the analysis developed, it is concluded that urban land regularization constitutes an indispensable mechanism for the realization of the fundamental right to housing in Brazil. However, its implementation is still significantly hindered by municipal omission, which proves to be one of the main obstacles to the integration of informal urban nuclei into the formal legal system.