Processo estrutural: análise da arguição de descumprimento de Preceito Fundamental nº 828 do Supremo Tribunal Federal na efetivação do direito à moradia

Abstract

The Claim of Non-compliance with Fundamental Precept (ADPF) No. 828-DF was presented to the Federal Supreme Court by the Socialism and Freedom Party (PSOL), accompanied by other political parties and various civil society organizations, entities and movements, with a request for a precautionary measure. against actions by public authorities related to evictions, evictions and repossessions. This occurred amid the pandemic context and the continuity of judicial and administrative processes that result in mass evictions and forced removals. This article aims to examine, through a theoretical review of structural processes, the extent to which the fourth incidental provisional protection in ADPF 828 can be seen as a decision of a structuring nature and contribute to access to the right to housing in the post-pandemic period. The research methodology adopted was qualitative, involving the study of the decision that established a transition regime for the gradual resumption of the execution of decisions involving evictions and removals in collective actions, in addition to a documentary analysis and bibliographic review. It was concluded that the decision was a historic and paradigmatic landmark, representing a significant change of perspective in the Federal Supreme Court by establishing participatory and collaborative mechanisms in resolving land conflicts. This included the creation of a Land Conflicts Commission in State and Regional Courts to provide operational support to judges, in addition to the obligation to carry out judicial inspections and mediation hearings as prior steps to any collective eviction order. These measures encompass a set of structural characteristics that can facilitate a dialogued approach to social conflict, with the participation of all interested parties, aiming to promote the right to housing