A utilização da mediação nos conflitos da regularização fundiária como instrumento de gestão pública para o alcance das moradias sustentáveis

Abstract

The growth of cities in the absence of efficient public policies for housing have bring as consequences poverty and the expansion of urban irregularities. In addition, this kind of urban expansion brings environmental consequences given that irregular occupations often occur in environmental areas. Informal settlements were one of the themes included in the UN Agenda 2030, as stated on SDG 11 of the Agenda. It discusses the development of sustainable cities. The increase in informal housing encourages land conflicts, considering that most of the lawsuits, related to the right to housing, are related to possession. The decisions often involve the forced removal of families from occupied areas. This research questions how consensual methods of conflict resolution, such as mediation, can be useful for resolving these disputes in order to contribute to the development of more sustainable cities. For this purpose, the Land Regularization Law no.13.465 of 2017, and the Mediation Law no.13.140 of 2015 are analysed in this work, since they are considered fundamental public policy instruments for a more humane solution of disputes involving housing, as well as for compliance to the recommendations of SDG 11. This work demonstrates, through analysis supported by hypothetical deductive methods, the importance of adopting mediation as a solution method for land conflicts for the fulfilment of SDG 11. It concludes that mediation is an instrument that contributes to the development of sustainable cities, because through mediation conflicts are resolved with haste, with positive impacts for the preservation of the environment and the expansion of the human right to housing.