Um estudo sobre a consagração da Resolução nº 510/2023 do CNJ e suas limitações jurídicas

Abstract

The main scope of this paper is to analyze the recent Resolution no. 510/2023 of the Brazilian National Council of Justice, which creates the Land Settlements Commissions, and explore its potential to mitigate rural violence. The specific objectives are to trace the historical context of land concentration in Brazil; present the particularities of possession, fundamental rights linked to land conflicts and the action to allege non-compliance with fundamental precepts; trace the normative path that led to the promulgation of Resolution no. 510/2023; and carry out a critical analysis of the aforementioned rule, highlighting its qualities and limitations. The methodology used involves bibliographical, normative and jurisprudential research. Thereby, this paper demonstrates that the effectiveness of Resolution no. 510/2023 may be compromised by the fact that the convening of the Regional Land Settlement Commissions established is optional. This can hinder a needed self-composition work and limit the mapping of disputes, another purpose of the resolution. Given the novelty of the norm, it is proposed to closely monitor its application, aiming to assess both the effectiveness of the Regional Commissions and the frequency with which judges convene their procedure.