O Programa Minha Casa Minha Vida e o direito à moradia: uma comparação normativa entre as leis nº 11.977/2009 e nº 14.620/2023

Abstract

The dissertation investigates whether the reformulation of the Minha Casa, Minha Vida (PMCMV) Program, established by Law No. 14,620/2023, represents effective progress in the realization of the right to decent housing or whether it maintains the structural limitations observed in Law No. 11,977/2009. It starts from the diagnosis of socio-spatial segregation and the financialization of housing, processes that displace low-income populations to urban peripheries and weaken the social function of property and the right to the city. The problem asks whether the reformulation of the PMCMV, with the enactment of Law No. 14,620/2023, contributes to the effectiveness of the right to decent housing or perpetuates the structural limitations that marked its original version. The hypothesis guiding this investigation is that, despite regulatory updates and the resumption of the program, the PMCMV continues to present internal contradictions that may limit its effectiveness as a public policy aimed at low-income populations. The overall objective is to compare Laws nº. 11.977/2009 and nº. 14.620/2023 with regard to the contribution of the new version of the PMCMV to the effectiveness of the right to decent housing in Brazil. The specific objectives defined were: (i) to examine the legal and normative foundations of the right to housing, both internationally and in the Brazilian context; (ii) to analyze the effects of financialization and neoliberal logic on housing policy and the right to housing in Brazil; (iii) contextualize the historical trajectory of Brazilian housing policy up to the creation of the PMCMV, emphasizing the local impacts of this policy in the urban context of Belém; (iv) to compare the main normative changes between the two phases of the program, based on predefined criteria; and (v) to assess whether the legislative changes bring the program closer to or further away from its stated purpose of promoting the right to housing for the low-income population. Methodologically, qualitative, theoretical documentary, and bibliographic research is adopted, guided by the deductive method and operationalized by thematic content analysis. A replicable comparative model was developed, with coding of the normative and institutional corpus (2009–2023), methodological triangulation of sources, and analytical traceability of the codes used. The municipality of Belém was selected to compare the normative design with local territorial specificities. The results indicate significant advances, such as an expanded concept of housing, more demanding urban guidelines, high standards of habitability, prioritization of vulnerable groups, and the introduction of innovative instruments. However, tensions persist regarding the centrality of indebtedness as a means of accessing housing, the expansion of the program's income brackets, and the multiplicity of financial agents, requiring regulatory rigor, contractual transparency, and social control. It is concluded that Law No. 14,620/2023 represents a substantial advance, whose effectiveness will depend on coordinated federal implementation among federal entities, territorial planning, and participatory governance.