Robert Alexy's fundamental rights theory as an analytical model of social housing right: principle arguments in a reference field of it’s immediate applicability

Resumo

The right to housing, situated as a fundamental social right, is analyzed under an analytical model
that allows its classification as a complete fundamental right, essentially demanding both positive
and negative actions by the State, is a theoretical perception that allows its landmark constitutional
normative is thought of as a device of immediate applicability and not subject to the reserving of
the possible. We opted for a theoretical analysis whereby the normative correspondent of the social
right to housing is studied from a principles perspective that, starting from Ronald Dworkin (2010;
2013), finds in Robert Alexy (2014; 2015) his great theoretical justification. The problem that arises
in this work is: Alexy's theory of fundamental rights makes it possible to build an analytical model
of the right to housing as a social fundamental right by immediate applicability, capable of
theoretically and robustly referring to the jurisprudence that applies to this type of demand? The
results made it possible to find a powerful system of thought according to which the right to housing,
as a complete fundamental right, requires the recognition of the fullness of its indisputable
applicability to the issues presented in housing claims in which it is questioned.