The Judicialization of the Planning Process in São Paulo’s Informal Settlements: Enforcing Housing and Environmental Rights through the Courts?

Abstract

This article examines claims about the judicialization of the planning process. How does the judiciary manage disputes between constitutional rights to housing and a healthy environment in São Paulo’s informal settlements? We scrutinize thirty-six legal cases from 2013 to 2016 in the State Court of Appeals, examining the litigants and their argumentations. The findings demonstrate judicial deference to planning. Court rulings defer to municipal plans by invoking separation of powers and budgetary constraints principles. The supremacy of the plan highlights the ethical responsibilities of educators and practitioners and has implications for housing and environmental activists in their organizing strategies.