Extrajudicial resolution of disputes in land regularization process in Brazil: the case of chambers of prevention and administrative resolution of urban land conflicts in the Law 13,465/2017

Abstract

The conflicts in land settlements should be resolved in accordance with the urban laws by extrajudicial formulas of dispute settlement. The extrajudicial prevention of conflicts are a reality in Brazil and the civil and urbanistic laws are stimulating the application of these new mechanisms. They turn out to be adequate formulas for the peaceful settlement of individual or collective disputes. The objective of this paper is to verify how the current legislation proposes to make feasible the right of housing in conflicting situations. It also analyzes the dialogue between the various normative sources and the convenience of setting up a conflict prevention and resolution chamber. The bibliographic and documentary methodology is used and in the final considerations shall be discussed the convenience of a constitution of the dispute settlement body by the municipality.