Derecho a la ciudad y derecho urbanístico en América Latina: los marcos regulatorios y la cuestión urbana latinoamericana

Latin Urban Law coexists with a civilist paradigm that views property as sacred, absolute, and inviolable, clashing with administrative and urbanistic approaches. This hinders the implementation of the social function of property itself and obstructs the realization of the Right to the City, a concept recently revitalized. The recovery of urban capital has gained attention, supported by innovative legal frameworks in some countries. The research problem explores the Right to the City in Latin America within the urban regulatory context and how urban public policies can align with this goal. Using a deductive approach, bibliographic and legislative research, and monographic analysis, the study examines notable urban regulatory frameworks in the region. The central premise is the need for a common axis in public policies, focusing on controlling property’s social function and promoting the recovery of land surplus values to advance the Right to the City.