A JUSTIÇA RESTAURATIVA COMO MEIO ADEQUADO À SOLUÇÃO DOS CONFLITOS FUNDIÁRIOS URBANOS

Abstract

The appropriate solution to land conflicts starts from a critical view of this phenomenon based on human rights. In addition to this critical view, it is essential, in order to establish an adequate solution to any land conflict, that internal and international regulations for the protection of the right to housing are observed, as well as internal standards relating to the conduct of land policy, in addition to of the relevant constitutional principles.  In turn, the restorative model alludes to a conflict response mechanism that is based on the recognition of an intersubjective dimension of the conflict, assuming the function of pacification of this, through repairing the damage caused, having as its fundamental support the meeting and dialogue. In this context, resolving conflicts through restorative practices allows faster solutions to be implemented and guarantees the participatory process, allowing the exercise of dialogue and understanding by those under jurisdiction, taking into account the principles of the social function of the city and property. This article aims to analyze the feasibility of applying the restorative model to urban land conflicts. The methodology used was descriptive and exploratory: bibliographical review, to explain the main characteristics of the theoretical perspectives cited and the treatment given to the restorative model, in addition to the normative bases that allow its application to urban land conflicts. In this context, restorative justice is analyzed as an effective means of resolving land conflicts and how the restorative model can contribute to the construction of a swift, effective judicial provision that meets constitutionally determined social purposes.