A gentrificação como violação do princípio da igualdade: um estudo sobre a segregação socioespacial e o acesso a espaços urbanos públicos.

Abstract

This study analyzes the phenomenon of gentrification as a violation of the constitutional principle of equality. The main objective is to demonstrate how this process, often disguised as "revitalization," promotes socio-spatial segregation and restricts democratic access to urban public spaces. The methodology employed was the deductive method, based on extensive literature review, articulating critical theories of gentrification with the legal analysis of the principle of equality and the social function of the city. The results demonstrate that gentrification is a structural movement of capital that exploits the "rent gap" in devalued areas, intensified by financialization, which transforms housing into a financial asset. The empirical study of Curva da Jurema, in Vitória-ES, corroborates the hypothesis, revealing how state action, through concessions and decrees, implemented economic and surveillance barriers that excluded the low-income population and destroyed local "social capital". It is concluded that gentrification is incompatible with the constitutional order, as it privileges "exchange value" (the city as a commodity) over "use value" (the city as a space for coexistence). The realization of equality in urban planning, therefore, depends on the rigorous application of democratic management instruments.