REGIONAL COMMISSION FOR LAND DISPUTE RESOLUTION OF THE SÃO PAULO COURT OF JUSTICE: JUDICIAL MEDIATION AND TRANSFORMATIONS IN LAND JURISDICTION
REGIONAL COMMISSION FOR LAND DISPUTE RESOLUTION OF THE SÃO PAULO COURT OF JUSTICE: JUDICIAL MEDIATION AND TRANSFORMATIONS IN LAND JURISDICTION

Author(s): Ana Rita de Figueiredo Nery
Subject(s): Law, Constitution, Jurisprudence
Published by: Institut za uporedno pravo
Keywords: land conflicts; dialogical jurisdiction; judicial mediation
Summary/Abstract: This article analyses the experience of the Regional Commission for Land Dispute Resolution of the Court of Justice of the State of São Paulo in light of National Judicial Council Resolution No. 510/2023 and the Brazilian legal and institutional framework governing collective evictions. Drawing on a normative, empirical and critical approach, the article examines the structure of the Commission, its operational principles, and its 2023 outcomes, with particular emphasis on negotiated solutions to complex possessory disputes. Engaging with theories of dialogical jurisdiction, transformative structural jurisdiction, and dispute system design, the article argues that the TJSP Commission represents an innovative model of judicial intervention, aimed at fostering inter-institutional mediation of land conflicts and promoting integrated solutions. The conclusion contends that the São Paulo experience contributes to rethinking the role of the judiciary in enforcing fundamental rights and in preventing forced evictions, particularly in contexts of housing vulnerability.

• Details
• Contents