URBAN OCCUPATIONS: comparative analysis between the right to housing and urban policies.

The phenomenon of urban occupations is closely related to the territory. Social struggles over a territory are not a new phenomenon, having their core in the inequality arising from the mismanagement of territorial distribution since Brazil Colony. Social struggles involving the theme are sometimes devalued, criminalized and reduced, even in the face of visible inequalities in cities. Consequently, this research aims to briefly analyze the Brazilian territorial occupation, pointing out possible legislative affirmations of a white patriarchal policy. This analysis was carried out, primarily, through the combination of legal diplomas that propelled the territorial occupation in Brazil Colony and through the analysis of constitutional diplomas from 1824 to the current Constitution, linking them to the historical facts that propelled the territorial occupation and had repercussions in urban planning. It was found that despite the constitutional and infra-constitutional provisions of precepts to be established in urban housing policies, these are frequently violated due to the real estate market. And housing movements are based on three fundamental precepts: the fight against evictions and removals, land regularization, housing improvement, and the production of social interest housing. All these issues are affected by other rights such as health, environment, basic sanitation, among others.