We aim to promote a radical theoretical perspective to the detriment of the generic and legal one. In this sense, the identification of the urban crisis caused by everyday life under capitalism and the violent production of urban space in uneven development, even though it has motivated the creation of legal solutions aimed at ending socio-spatial inequality, the reality of the failure of laws and the commercialization of rights calls for a reorientation of the right to the city in favor of the politicization of its agendas, linking it to the utopia of everyday life transformed into something new, radically constructed in a creative way and promoting differences. Methodology: dialectical procedure method, qualitative approach and bibliographic research technique. In conclusion, a radically considered right to the city offers to the thought about the urban a realization at the level of everyday life and urban practices, being an alternative for transforming society by criticizing the capitalist political economy, pointing to self-management and emancipation of collectives, overcoming fetishes in urban law -such as the unattainable promise of democratic management in a deeply unequal society with opposing class interests -recognizing the structural role of legal-institutional mechanisms in maintaining social exclusion and immobilization of political agendas. It also allows such a right to avoid incurring in the cult of constitutional fetishism, which naively makes one hope that fundamental rights can materialize in a society alienated from its usage.