O processo estrutural como instrumento de concretização do direito à moradia: a experiência da Comissão de Soluções Fundiárias do TJMA à luz da ADPF 828

Abstract

Collective land conflicts, both urban and rural, emerge as expressions of historically consolidated structural inequalities in the Brazilian context, marked by land informality, housing deficits, and the insufficiency of public policies aimed at access to land and housing. The judicialization of these disputes has revealed the limitations of the traditional procedural model, especially classical possessory protection, which often proves incapable of producing stable and socially legitimate solutions. In this context, situated within the research line Dynamics and Effectiveness of Justice System Institutions and linked to the research project The Crisis of Representative Democracy in the 21st Century, this dissertation analyzes structural litigation as an instrument for the realization of the fundamental right to housing, focusing on the performance of the Land Conflict Resolution Commission of the Court of Justice of the State of Maranhão, in light of the guidelines established by ADPF 828. The research adopts a qualitative and theoretical-empirical approach, developed through specialized bibliographical review, normative analysis, and documentary examination of institutional acts and procedural records related to the Commission’s activities. It is grounded on the understanding of collective land conflicts as structural problems, characterized by persistent states of institutional nonconformity, which require prospective, dialogical, and cooperative judicial responses. From this perspective, the study examines structural litigation and the Multi Door Courthouse paradigm as models capable of guiding structural decisions, transition regimes, and mechanisms of continuous monitoring, fostering interinstitutional coordination and the participation of affected communities, in dialogue with contemporary challenges concerning the transformation and effectiveness of justice institutions. It concludes that the Land Conflict Resolution Commission of the Court of Justice of Maranhão constitutes a relevant institutional mechanism for the practical implementation of structural litigation, contributing to the restructuring of judicial responses to collective land conflicts, the mitigation of the social impacts of evictions, and the promotion of the right to housing, although it still faces limits arising from the complexity of such conflicts and from the dependence on extrajudicial public policies for the consolidation of negotiated solutions.