O direito social à moradia como direito fundamental

The purpose of this paper is to talk about the difficulties encountered by the citizen who plans to acquire his own home. The 1988 Federal Constitution lists social rights, which are those considered as fundamental human rights, characterized as positive freedoms, with mandat ory compliance status in a Social State of Law. The right to housing is a right enshrined in the aforementioned article 6 of the Federal Constitution. Housing is a fundamental right of all and a duty of the State. Fundamental rights are proportional to the needs of each individual or of the community in general and their availability will meet reasonableness, being applied when their need is stated. Each and every citizen needs a home if they are to establish, raise a family and live with dignity, housing b eing essential to any human being. Social rights aim to restore social inequalities in the field of relationships between individuals in society. The State needs to act positively in relation to social changes, requiring, for that, the public entity to pro mote public initiatives, aiming at strategic planning, choosing priorities in the realization of the right to housing. The research method adopted was hypothetical - deductive and the type of research presented was bibliographic, using as a theoretical frame work the works: Course on Constitutional Law by the legal professor Marcelo Novelino and Constitutional Law by the legal professor Alexandre de Moraes.