The right to the city and urban policy in peripheral capitalism: considerations about the development of urban legal frameworks in Latin America

Latin Urban Law still coexists with a civilist paradigm that disputes space with the administrative and urbanistic paradigm, conceiving property as a sacred, absolute and inviolable right. This complicates the task of public administrators in implementing the social function as a presupposition of property and prevents the realization of the Right to the City, whose conceptual importance was recently rescued. In this process, the recovery of urban capital gains has been discussed in more depth, accompanied by an innovative legal apparatus in some countries. From this, the research problem of the work is the following: what is the panorama of the Right to the City in Latin America in relation to the urban regulatory framework and in what terms can urban public policies be made viable around a common axis aimed at achieving the Right to the City? Based on the deductive approach method, using a bibliographic and legislative research technique and monographic procedure, the general objective of the work is to situate the most notable urban regulatory frameworks in Latin America in relation to the Right to the City. The premise is that there must be a common axis in the development of public policies, aimed at controlling the social function of property and the recovery of land surplus values.