THE LEGAL OBSTACLES MADE BY THE LAW AND BY THE STATE FOR THE NON-ACHIEVEMENT OF THE RIGHT TO HOUSING/OS ENTRAVES JURIDICOS OCASIONADOS PELO DIREITO E PELO ESTADO PARA A NAO CONCRETIZACAO DO DIREITO A MORADIA

The objective of this article is to find out what are the legal obstacles to the realization of the right to housing in Brazil. For this, the City Statute and the Master Plan were analyzed and, it was realized, that they were not properly regulated, which compromises the application of the principle of the social function of urban property and, consequently, housing. On the other hand, it was detected that the strategies designed to reduce the housing deficit brought by the National Housing Plan and the National Housing Policy were not incorporated into the "Minha Casa Minha Vida" (PMCMV) Program. Against that, the possible Marxist solutions for housing shortage were sought. Finally, it was noticed that PMCMV ventures were created by the State to satisfy the private interests of the financial and real estate sector, causing, with this, urban segregation and the commodification of housing, as well as direct consequences for its residents and, indirectly, for the whole society. In order to do so, it was tried to apply the Marxian theories on housing in the PMCMV, using, for that, foreign and national theorists, besides statistical data collected in scientific researches on the subject, already realized previously.