The Constitutional Chamber of the Supreme Court declared as unconstitutional the “Act of Granting titles to beneficiaries of the Great Mission Housing Venezuela and other housing Programs of the Public Sector”, sanctioned by the National Assembly on April 13 this year.
This sentence responds to the request made by the President of the Republic, in exercise of the preventive control of the Constitutionality of laws under Article 214 of the Constitution of the Bolivarian Republic of Venezuela.
In the ruling is concluded that said law results as unconstitutional in its totality, for imposing a regression in terms of the realization of the right to adequate housing, because it contravenes the purposes of democratic and social state of law and justice for failing to ensure the full exercise of the right of families to have a home, besides not having complied with the essential formalities of the laws forming process under the Rules of procedure and Debates of the National Assembly.
The previous decision was reached after analyzing the proper constitutional principles of social and democratic State of Law and Justice because although the constitutional rights to a housing in dignity and under property are not incompatible to guarantee the first, it is necessary to impose limits on the ownership of housings of social interest to prevent those entitled to them from resign themselves from this right for economic reasons and thus distort the social function of the property in order to favor the housing market.
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