Resolução de conflitos agrários: o papel da Comissão Fundiária do Tribunal de Justiça de Goiás no Assentamento Dom Tomas Balduíno

Abstract

This study conducts a critical analysis of the performance of the Land Solutions Commission of the Court of Justice of the State of Goiás (CSF/TJGO), with particular focus on the case of the Dom Tomás Balduíno Settlement, located in the municipality of Formosa, State of Goiás. The central objective of this research is to map the challenges faced by the CSF/TJGO in the present case, assess the effectiveness of the implemented interventions, and identify best practices that may be replicated, as well as to highlight gaps that demand attention for the improvement of public policies in the field of land tenure. To achieve the proposed objectives, a qualitative-descriptive approach was adopted, with an emphasis on the specific case study. Initially, an analysis was conducted of the historical and structural context of land conflicts in Brazil and in the State of Goiás, underscoring their underlying causes. Subsequently, the theoretical and legal foundations underpinning the fundamental rights involved in these conflicts were outlined, with particular emphasis on the tension between the right to housing and the right to property, both safeguarded by the Constitution of the Federative Republic of Brazil of 1988 (CRFB/1988). Additionally, the initiatives of the National Justice Council (CNJ) aimed at formulating judicial policies for the mediation and resolution of land disputes were examined, with a focus on pluralistic and sustainable approaches. Within the scope of the analysis, the legal and institutional ramifications resulting from ADPF No. 828/DF were also investigated, as well as the process of the creation and operation of the CSF/TJGO. Finally, a detailed documentary analysis of Administrative Procedure (Proad) No. 202306000418954 was conducted in order to evaluate the measures implemented by the CSF/TJGO at the Dom Tomás Balduíno Settlement, with emphasis on the challenges faced and the results achieved thus far. The results indicate that the performance of the CSF/TJGO, by promoting dialogue and the mitigation of land conflicts, represents a significant advancement in the pursuit of peaceful and structured solutions. However, in the case under study, the observed results remain insufficient for the consolidation of definitive solutions. This finding reinforces the need for greater interinstitutional articulation, coupled with the implementation of long-term public policies and the adoption of land governance that prioritizes the social, legal, and economic sustainability of the solutions implemented