Espaços especiais em Natal (moradia e meio ambiente): um necessário diálogo entre direitos e espaços na perspectiva de proteção aos direitos fundamentais na cidade contemporânea

摘要

Some protected special spaces on behalf of fundamental rights to the environment andthe housing at the city of Natal are fragile by facing actions and attempts to suppressand changing (or omission in the implementation) of standards in furtherance of thoserights at the local level, which seems to reflect a situation that goes beyond the contextof the city. Based on integrated approach of the housing rights and the environment andits protection of special spaces on the field of fundamental rights, the thesis seeks tounderstand the weaknesses that affect the legal state duty under therealization/implementation of fundamental rights to the environment and housing incities, focusing on the issues of flexibility of the founding legislation of special spacesto the detriment of the attributes they protected and the lack of implementation of thelegal system that allows their effectiveness. So, it looks initially to understand theenvironment and housing rights and their special protected areas in the brazilian legalsystem, looking forward the evolution of its legal protection, as well as the weaknessesthat emerge in the field of their effectiveness. Analyzing the trajectory of theenvironment and housing rights and their special protected areas in Natal, consideringits standards, attributes, protection indicators, weaknesses and negative evidence withinits legal protections and their enforcement by state entity, this thesis proposes to verifythe existence of forms to confronting the weaknesses founded in the maintenance oflegal protection and its implementation. At this point it discusses the legal basis andsafeguard instruments of protection, especially within the juridical field, as part of a(re)discussion about issues of legislative and administrative discretion in the face ofobjective legal state duty to realization/implementation of fundamental rights in theurban space. With all these issues together the thesis does not ignore the scenario wherethe dividing line between public and private (economic) are becoming ever moretenuous in the field of state action and where the city stands as a special commodity tothe reproduction of real estate, according to the interests of capitalist logic