Diretrizes para mediação de conflitos fundiários urbanos: proposta para cumprimento da Res. 510/2023 do CNJ pelo Tribunal de Justiça do Estado do Pará

Abstract

This article aims to analyze the contribution of mediation in collective urban land disputes based on the decision issued in ADPF No. 828 by the Brazilian Federal Supreme Court and the guidelines established by CNJ Resolution No. 510/2023, with emphasis on the role of Land Conflict Resolution Commissions. The research adopts a qualitative, empirical, and applied methodology, combining theoretical review, legal analysis, and action-research conducted within the Court of Justice of the State of Pará, where the author serves as a judicial mediator. Ten specific cases of collective possessory disputes were examined, focusing on the work carried out by the commissions and the implementation of mediation techniques aimed at preventing forced evictions and promoting the right to adequate housing. The findings demonstrate that, despite existing institutional and structural challenges, mediation—when applied through intersectoral coordination and qualified listening—has the potential to reshape the approach to land conflicts under a dialogical, participatory, and context-sensitive perspective. The study concludes that the Land Conflict Resolution Commissions, by fostering dialogue among multiple stakeholders and integrating technical and social knowledge, contribute to transforming the judiciary into a space for collaborative problem-solving. Furthermore, they reinforce the role of mediation as an effective instrument for ensuring fundamental rights to housing and the city in contexts marked by historical socio spatial inequalities.