Right to adequate housing and the National Commission for the Resolution of Collective Land Conflicts of Resolution 510 of the CNJ: from the transitional regime in ADPF 828 of the STF as a permanent regime in the Judiciary

The deficit in the right to adequate housing in Brazil is an indisputable fact. Legislative policies and public policies have not proven to be sufficient and the Judiciary has acted to promote the social right to adequate housing in collective land conflicts. The general objective is to analyze judicial activism in terms of judicialization of public policies on adequate housing and specific objective is to analyze the structural decisions handed down in the judgment of ADPF 828 of the Federal Supreme Court, as well as the transition regime and the consequent creation of National Commission for Land Solutions at the National Council of Justice (CNJ). The main findings consist of the observation that the National Land Commission of the National Council of Justice, regulated in Resolution 510, of June 26, 2023 of the CNJ, have demonstrated themselves as new locus of structural process and promoted greater effectiveness in resolving land conflicts of a collective nature. In conclusion, the Land Conflict Resolution Commissions have implemented a structural process that has increased effectiveness of the right to adequate housing in collective conflicts.