Banca de DEFESA: ANA PAULA VILELA DE PÁDUA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : ANA PAULA VILELA DE PÁDUA
DATE: 16/12/2025
TIME: 10:00
LOCAL: Sala A1-10 da Faculdade de Direito
TITLE:

WHEN LAW LISTENS: ADPF 828 AND THE DIALOGIC RECONSTRUCTION OF LAND JUSTICE

KEY WORDS:

ADPF 828; right to housing; land conflicts; institutional dialogue; judicial policy; Land Dispute Resolution Commissions.

PAGES: 140
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This dissertation examines Constitutional Claim for Breach of Fundamental Precept (ADPF) 828 and the subsequent creation of the Land Conflict Resolution Commissions as expressions of a new dialogic judicial policy for addressing land and housing disputes in Brazil. The study investigates how the Federal Supreme Court, by recognizing the structural complexity of these conflicts, inaugurated a cooperative model of institutional action grounded in mediation, inter-institutional dialogue, and the protection of the fundamental right to housing. Chapter 1 provides a systematization of the normative and theoretical foundations that structure land conflicts in Brazil, as well as the complexity inherent to this type of dispute. Chapter 2 contextualizes ADPF 828, highlighting the constitutional grounds of the decision and analyzing the judicial discourse that reveals the incorporation of dialogic and participatory categories into the Court’s reasoning. Chapter 3 develops a case study of the Banhado Community in São José dos Campos/SP, drawing on judicial decisions, prior academic works, press reports, and digital sources. This approach makes it possible to understand the institutional role of the Public Defender’s Office and the relevance of ADPF 828 as a mechanism enabling direct access to the Supreme Court for the protection of vulnerable groups. Chapter 4 examines the consolidation of the new judicial policy in light of dialogic theories and National Council of Justice Resolution No. 510/2023, which permanently regulates the creation and functioning of the Land Conflict Resolution Commissions. It also illustrates concrete mediation experiences in both Brazil and South Africa. The research concludes that ADPF 828 represents a milestone of institutional reconstruction and a transformation of the Judiciary’s role in ensuring fundamental rights. By shifting from an authoritarian model of eviction enforcement to one based on listening, participation, and cooperation among state powers and social actors, the Federal Supreme Court has advanced the transition toward a dialogic land justice, reaffirming the 1988 Constitution’s commitment to human dignity and to the social function of law.

COMMITTEE MEMBERS:
Externa à Instituição - JÚLIA ÁVILA FRANZONI - UFRJ
Interno - 2332291 - ALEXANDRE ARAUJO COSTA
Interna - 1150035 - FERNANDA DE CARVALHO LAGE
Presidente - 1021564 - MARIA PIA DOS SANTOS LIMA GUERRA DALLEDONE