Saudosa maloca : uma análise da função social da cidade em contraste com a lógica de mercado que estrutura os espaços urbanos

Abstract

This monograph, whose object of research is the construction of meaning for the concept of social function of the city in the 1988 Federal Constitution , aims to analyze Brazilian urban law and the social reality in which it is to be applied, in order to understand the existing challenges in guaranteeing the effectiveness of the law to the city and its social functions. For this purpose, this is a qualitative, bibliographical and theoretical-critical study, which adopts the critical theory of law and Marxist-based urban studies as its theoretical framework, with an emphasis on the analysis of the city as a historical and social construction embedded in the logic of the commodification of space. On that basis, it dialogues with authors such as Pachukanis, Henri Lefebvre, Raquel Rolnik, Antônio Bispo dos Santos and Carolina Maria de Jesus, to investigate what should actually be understood as the social function of the city and how its effectiveness can be ensured in an essentially capitalist society, which limits this right and restricts it to a small portion of the population. Thus, the ideology present in legal discourse is analyzed, since the barriers that prevent the effective application of the social function of the city are present not just in the text of the norm, but in the everyday reality, which hierarchizes constitutional principles due to the power relations that sustain it. Considering this, this research hopes to understand the scope of the concept of the social function of the city and how the dominant economic logic influences its interpretation, creating barriers to its effective application, with the purpose of highlighting ways that can contribute to its realization as an instrument of urban justice.