The land conflict commissions determined by ADPF 828 in the courts of the Southern region of Brazil: an analysis of their implementations and effectiveness

Abstract

The PSOL proposed the ADPF 828 toward the STF in order to cease injury or threat of injury to the fundamental social right to housing in the context of serious vulnerability caused by the COVID-19 pandemic. After the improvement of the epidemiological situation, on October 21, 2022, the Rapporteur Minister Luís Roberto Barroso issued a decision in which he endorsed the fourth provisional relief granted in ADPF 828 and ordered the Courts of Justice and the Federal Regional Courts to implement Land Conflict Commissions capable of seeking consensual solutions to collective land conflicts. In view of this time lapse, the scientific article aims to analyze the mediation of collective land conflicts carried out by the Land Conflict Commissions in the Courts of the Southern Region of Brazil to answer the following problem: were the Land Conflict Commissions determined in a judicial decision rendered in the records of ADPF 828 implemented by the Courts of Justice and the Federal Regional Court of the Southern Region of Brazil? If so, are they mechanisms capable of mediating collective land conflicts? To this end, the methods of deductive approach, bibliographic procedure and indirect documentation research technique were used. In the end, it was possible to conclude that the commissions were implemented by the Courts analyzed, they act as auxiliaries to the Magistrate and are mechanisms capable of mediating urban or rural collective land conflicts before the initiation of judicial proceedings and at any stage of the process.