Entre a litigiosidade e a solução consensual: os desafios da advocacia pública municipal na gestão dos conflitos fundiários urbanos

Abstract

Based on the determination of the 1988 Constitution that all property – whether public or private – must submit to the principle of social function. This principle is also a directive command for the solution of urban land conflicts. Reflecting international understanding, Brazilian legislation addresses the protection of the right to housing and the city in a significant way in several normative texts, especially in the City Statute. In this sense, aiming to seek alternatives that better meet constitutional dictates, this article intends to analyze the challenges of municipal public law in the context of urban land conflicts, reflecting on the need to move away from purely litigious action and the need to construct alternative solutions that affect the interests and rights of those involved in land conflicts. To this end, the method of bibliographical review was used, reviewing the internal and international normative bases for the consensual solution of urban land conflicts, in addition to studying the measures that have been adopted in the context of existing land conflicts in the state of Rio de Janeiro.