Land Solutions Commissions: a bet for a new resolution of territorial conflicts

Abstract

This entry aims to discuss the potential and limits of the Land Solutions Commissions in consolidating another perspective to be adopted by the justice system in resolving territorial conflicts, in the direction of realizing the fundamental right to land and housing. The proposal is to provoke possible generating themes capable of stimulating and supporting reflection on the nuances of action of this newly created institute. Initially, a brief history is outlined about the context of the emergence of the Commissions, as one of the achievements achieved by the Zero Eviction Campaign, which took place during the pandemic (2020-2022), and was then established through the fourth preliminary decision in ADPF n. 828 (Brasil, 2022, Preliminary Decision 10/31/2022) and then regulated by Resolution no. 510/2023 of the CNJ (Brasil, 2023). It also brings brief points about how Land Solutions Commissions are an important space to be contested in the fight for the right to land and housing, considering that in practice such Commissions can be emptied of their objective and thus reproduce the same majority logic of absolute prevalence ownership of the justice system, under a false appearance of negotiation and agreement. It is concluded that it is only by influencing the performance of the Commissions that another culture can be promoted in the cracks of the legal system, given its strategic use.