Função social ambiental da propriedade imobiliária rural
AUTOR(ES)
Juliana Travain Pagotto
DATA DE PUBLICAÇÃO
2009
RESUMO
This study it is centered in the analysis of the legal property right evolution, more specifically of the rural property, with approach for the social function that currently happens on its exercise. In order to realize this subject, and better understanding of the institute, a historical analysis concerning the conception of the property right becomes necessary since the current individualism of the French Revolution libertarian yearnings, until the current days, where invigorates the Social State of Right, that considers the man as integrant of the society, and not more as individual. The Mexican Constitution of 1917 and Weimar of 1919 had been the first ones to foresee the beginning of the property social function, influencing all the constitutions that would appear after that, and establishing restrictions to the right of action of property for its bearer to take care of the social function of the legal institute. The property social function and the property right guarantee, foreseen side by side in the Federal Constitution, must coexist, in way that one does not suppress another, searching to conciliate owner and collective interests. The requirements for the social function fulfillment by the rural property come foreseen in the Federal Constitution, as well as in the Civil Code, with no damages to the extensive infra-constitutional legislation, that also treats and regulates the subject. The present study aims to analyze the ambient function of rural property, one of the elements that compose the property social function, demonstrating the hypotheses and limits for its applicability, does not harming nor the collective, nor the proprietor, who will have to be indemnified in this hypothesis
ASSUNTO(S)
direito de propriedade meio ambiente direito propriedade rural -- brasil direito ambiental -- brasil property right propriedade -- aspectos sociais -- brasil função social environment social function
