Uma análise do fenômeno da arquitetura hostil a luz da Constituição Federal Brasileira de 1988: e seus efeitos para com a territorialidade

Abstract

The present work investigates the phenomenon of the technique known as hostile architecture, analysing it in terms of its legality prior to the enactment of Law n. º 14,489, of 2022, which added to the city statute the prohibition of hostile construction techniques. For this purpose, it will be shown initially an explanation and definition of the aforementioned technic, thus allowing a better understanding of the reasons for the existence of demands for exclusion policies in modernity. After this exposition, the questioning is presented regarding the legality of hostile architecture in the light of the Brazilian legal system, being used in the analysis the right to the city, the multiple dimensions of fundamental rights and the statute of the city. Finally, an analysis of the creation of territories within cities is carried out, these territories being controlled by various social groups that inhabit the urban environment, then entering the debate regarding the use of hostile architecture as a way to prevent these social groups from exercising control over such territories