As geotecnologias como ferramentas de solução dos conflitos possessórios judiciais no Tocantins: uma abordagem à luz da teoria da justiça de John Rawls

Abstract

The present work aims to present contemporary forms of using Geotechnologies as a means to foster the resolution of land conflicts existing in the Judiciary Power of Tocantins and, consequently, to drive the public policies of land regularization mainly adopted by the Tocantins government, as corollary systems to the implementation of fundamental rights of property and housing. The land issue that leads to possessory conflicts is a challenging reality in Brazilian courts (and particularly prevalent in the Tocantins Judiciary) and requires the judge's understanding of the territory as a geographical dimension with legal repercussions, aiming to achieve the desired environmental and, above all, social justice. The pursuit of fair space through the application of norms in compliance with geographical legislation, considering the spatialization of citizenship and state regulation, demands caution from the judge when rendering the final decision via Sentence or Judgment. In this regard, the hermeneutic-dialectical method was employed, involving an interpretive analysis of a general and social view of the applicable law, based on a humanizing perspective in the pursuit of equitable justice and aiming to deliver judicial services in the best possible way. The study encompassed the Argumentation Theory by author Roberty Alexy and the Justice Theory by John Rawls, involving the necessary arguments and justifications for judicial decisions, with the purpose of identifying whether geotechnologies can effectively contribute to the resolution of legal processes with fairness and efficiency. It seeks to determine whether the use of geotechnologies, including data from past decades and other resources, such as geographic location by coordinates (including real-time validation in the field using portable devices and access to increasingly consolidated geographic databases, which are part of Geotechnologies) can help settle human occupations within the spatial context of the dispute and whether they can provide valuable evidence for the Judiciary in this regard. The results aimed to identify and estimate the so-called "legal void" in the geographical spaces of the State of Tocantins, which still lack land regularization and could benefit from the mentioned techniques in order to optimize work in a reliable and much faster way. Nevertheless, the data raised doubts and revealed the lack of organization and integration of land databases between federal agencies and the state land agency (ITERTINS), requiring cautious treatment of the estimates. Thus, the contextualization of the State of Tocantins in the face of this reality, which undergoes a revolution linked to the perspective of law, but with a judicial, geographical, and technological focus, and its possible repercussions on regional development with the involvement of the Honorable General Justice Ombudsman's Office, is the theme addressed in this study.