A cidade como ambiente das reivindicações cidadãs por moradia e o papel de mediação política e jurídica da defensoria pública

Abstract

The research is an analysis on the interaction between urban space and citizenship, focusing on the performance of the Public Defender as a mediator of the political, social and legal process the claiming of the house, intending to establish a sociological and legal background reflection. The research problem is to identify the role of the Public Defender, notably with regard to modalities / performance possibilities, such as state institution, in mediating the claim of urban conflicts of the implementation of decent housing for vulnerable groups. The central hypothesis is based on the assertion that judicial proceedings dealing with the claim of the right to housing for vulnerable people do not show successful, so should the Public Defender as an institution of access to the justice system, extrajudicial seek alternative claim the right in question, always attentive to the cultural peculiarities that make up the Brazilian citizenship and forming their assisted public. It is considered that theoretical research object involves the notions of citizenship, urban space and housing, which were collated with the real object represented by the Public Defender, as a mediator of housing claim processes through law. The time frame is made with emphasis given from 2000, at which time the house was raised to the category of fundamental right. The research falls within the legal and sociological dimension and is used deductive reasoning. For this, we analyze the dynamics proper citizenship in the national context, aiming link it to social unrest and political contemporary urban scene. In the end, the debate is about the insertion of the Public Defender in this unstable scenario, always comparing the normative predictions with the reality experienced in order not to get lost in an ethereal dogmatism.