Fundamental Right to Housing and Colombian Constitutional Court’s T-025/2004 Decision: Unconstitutional State of Affairs in Brazil

Abstract

The current paper studies the concept of housing as a fundamental right, but focusing on General Comment nº 4 of Adequate Housing Right understanding, adding such knowledge to the analysis of a Colombian Court’s decision that deals with Unconstitutional State of Affairs (USA) in that country because of forced displacement. It seeks, therefore, to comprehend if it is possible and how the intervention of Judiciary and Executive could occur to improve people’s life conditions, considering the acknowledgment of USA.

Keywords

• Direito fundamental
• Moradia adequada
• Estado de coisas inconstitucional