A efetividade das normas constitucionais ambientais referentes à funÃÃo socioambiental da propriedade

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

For a while, the effectiveness of the legal norms has been the object of analysis by the scholars of Law School, having noticed that in this field we find the bases of the laws functionality, as a modeling instrument of human relations. In this perspective, the present dissertation emphasizes the way by which the constitutional norms related with the social-environment function of property are received by the social ( the community) and institutional (Legislative, Executive and Judicial Power) destinies, and in a last stance , the final consequence of the treatment received. The text will deal with the normative force of the social-environment function of property beginning with functional perspective of the inner principles of the Constitution and, in accordance with the legislation, doctrine and case law which are correlated. Based in such analysis, the present study concludes that the social-environment function of property is imbued with partiality, indicating the legal and extra-legal factors of such support. In the same circumstances in which the causes of such phenomenon are outlined, new paradigms are proposed in scope of achieving better results associated with the effects of the constitutional norms of environmental principles, having in mind that these contributions do not put an end to the aforesaid debate (on the contrary incited it) and are not immune to corrections

ASSUNTO(S)

normas constitucionais funcionalidade do direito direito funÃÃo socioambiental da propriedade - forÃa normativa

ACESSO AO ARTIGO

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