Políticas públicas, mínimo existencial e Poder Judiciário: a quest?o do direito à moradia

摘要

The Minha casa Minha vida program (MCMV) is a pubic housing policythat propels the State’s actions in order to realize the right to housing. Itturns out that, according to surveys brought within that article, if not alwaysprovides decent housing for everyone, not reaching full citizenship. Thus,there remains the following question: can the judiciary interfere in publichousing policies? On the other hand, the State/ Executive Branch, bringsas limit the non interference in the minimum existencial, the booking ofpossible and the separation of powers, thesis that, as will be demonstrated,do not seem reasonable or appropriate. It is argued, here, that housing is theessential core of a fundamental right, that means, the existential minimumthat must be done by the state. Finally, it is argued that in the absence ofpublic governmental or public policy programs of effective housing, by theExecutive Branch, left to the courts intervene in such policies, controllingand supervising, with a sole purpose: achieving the social right to housing.