A JUSTIÇA RESTAURATIVA E SUA APLICAÇÃO AOS CONFLITOS SOCIOAMBIENTAIS E FUNDIÁRIOS URBANOS

Abstract

Restorative Justice, whose concept is not yet completely closed by the doctrinators, brings a
proposal for a paradigm shift aimed at modifying the concept of justice. Initially conceived
for application to criminal conflicts, and aiming at meeting the needs of the most invisible
part of these issues, the victim, currently has been widespread in other areas before its transforming power.In addition to transforming relationships, we take care to value and create a
sense of belonging to those involved in conflictissues, whether criminal, socio-environmental or any other nature.In fact, in socio-environmental and land issues, a new look at people’s
belonging to the environment in which they are inserted is the great challenge of Restorative
Justice, which makes up a social movement that seeks to concretely install the Culture of
Peace and Human Rights.One of the most pressing socio-environmental issues is urban land
regularization, regulated by Law No. 13,465/17, which is one of the most important instruments for the reorganization of inadequately occupied areas, as a rule peripheries of cities without any infrastructure. It is about guaranteeing the right to decent housing to those who,
due to lack of an adequate and effective housing policy, have nowhere to live (TEODORO,
2021, p. 07).As Gilberto Passos de Freitas points out, in the preface to the work Urban Land
Regularization and Mediation:
Land regularization is a process that covers legal, urban, environmental and social
aspects, with the objective of legalizing the permanence of those who were in the
occupied areas and promoting improvements in the urban environment, in the
quality of life of the occupants and in the eradication of poverty, in social inclusion,
greater security and a more dignified life for people.(TEODORO, 2021, p. 07).
And thus, it is understood that in socio-environmental conflicts, usually involving a large
number of people, municipal agencies and even the judiciary, dialogue with the community
involved aims to conduct the conflict with reasonableness, giving the occupants – victims
of the lack of urban structure –the opportunity to be heard, dialoguing with the Public
Power to, together, reach a decision for everyone to attend to ensure the effectiveness of the principle of citizenship and contributing to a better society