Direito à moradia e o Sistema Financeiro de Habitação (SFH) : a supressão da cobertura do saldo residual pelo FCVS e suas implicações jurídicas e sociais

Abstract

The study has the scope to examine the housing policy developed by the State through legislation pertaining to the Housing Finance System. The housing, world-scale problem, is a universal human rights, and since 1948, with the Universal Declaration of Human Rights, was so proclaimed. In Brazil, the right to housing is among the fundamental social rights. Far from there a favorable situation to the achievement of this objective, the policy developed by the state through the law of the Housing Finance System, dated 1964, supported more by financial bases than social and housing bases, has led to several problems that uses its, resulting in thousands of lawsuits. Among the most sensitive issues is the elimination of the payment of residual debt through the Fund for Compensation of Salary Variations - FCVS, state fund guarantor of the contract. The examination will seek to be grounded in doctrine, law and jurisprudence, and through quantitative analysis that involves the issue. The study aims to contribute to the construction of diagnosis of this problem that affects thousands of individuals removing the full access to the right to housing. All under the legal approach with the intent to promote the application of research in solving the legal battles involved with the subject and to provide that the laws adopted in the next housing policies don't cause, as before, the mass of lawsuits.