Porto Maravilha: A ciência jurídica à (des)serviço do direito fundamental à moradia

Abstract

This is a dissertation that aims to analyze whether and to what extent the interventions of the Judiciary Power, provoked by the Public Prosecutor's Office and the Public Defender's Office, in the Consortium Urban Operation Plan of Porto Maravilha, were legitimate and contributed to the attenuation of a project of excluding city. This discussion will be carried out with the support of the theoretical framework of the neoconstitutionalist school for the judicial control of public policies in Brazil and using the literature review on the “revitalization” project of the port region of Rio de Janeiro. Initially, the work addresses the existing points and counterpoints between the neoconstitutionalist school and the positivist school. Further on, it is addressed how public-private partnerships and consortium urban operations were employed for the sustainability of the economic-financial arrangement of the urban intervention. Then, the results of the collection of jurisprudential data in the courts of Rio de Janeiro are critically analyzed, in the light of defenders and critics of the chosen theoretical framework and in the light of the literature review carried out. Finally, through the conclusions of the previous chapters, the hypothesis of the legitimacy and effectiveness of the judicial control of Rio de Janeiro's public policy is confronted with the data collected by the research.