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- Title
OS CONFLITOS FUNDIÁRIOS URBANOS NO PROCESSO JUDICIAL: POSSIBILIDADES DE APLICAÇÃO DOS MEIOS ALTERNATIVOS PARA A SOLUÇÃO DE CONTROVÉRSIAS.
- Authors
Marion Spengler, Fabiana; Scopel Vanin, Fábio
- Abstract
The objective of this work is to verify the existence of experiences and legal instruments alternative to traditional jurisdiction, capable of assisting in the resolution of land conflicts discussed in legal proceedings. For this, the debate about the concept and the elements of the conflict was presented, delimiting it in the urban area, more specifically, of the strict urban land conflicts. Secondly, some characteristics of the traditional jurisdiction were presented, comparing them with the urban reality, to demonstrate the incompatibility of the space with the solution of land conflicts. In the end, two experiments were carried out on the application of alternative means in judicial proceedings, as well as the new rules foreseen in the Code of Civil Procedure, concluding from the structuralist method that the experiments are incipient, without any quantitative result and qualitative, and that the instruments brought by the CPC, because they deal only with cases of old ownership, tend not to reach large scale of use.
- Subjects
CIVIL procedure; LEGAL instruments; METROPOLITAN areas; CITIES &; towns; CONFLICT management
- Publication
Direito da Cidade, 2018, Vol 10, Issue 4, p2787
- ISSN
1809-6077
- Publication type
Article
- DOI
10.12957/rdc.2018.34817