The use of countervailing duties to the repairing of environmental damage in areas of permanent urban preservation : restraints and alternatives / A utilização de medidas compensatórias para a reparação de danos ambientais ocorridos em áreas de preservação permanente urbanas: limites e alternativas

AUTOR(ES)
DATA DE PUBLICAÇÃO

2010

RESUMO

In the field of collective rights, the environmental issue has been highlighted before the great densification of population in Brazilian cities. Permanent areas of preservation have aroused judicial issues, mainly regarding their delimitations and occupation in the edifying urban space. This study aims to analyze this type of protected area, by going over its essence and the legal treatment it has been given over time. Discussion will be provided on the insertion of the topic into the domain of a new paradigm in interpreting constitutional and environmental rules, seeking to guarantee a state of environmental welfare to the present and future generations. Furthermore, limitations to the adoption of countervailing duties in those areas and alternatives for rearrangements were analyzed. From the study of concrete cases that took place in the region of Ribeirão Preto, and through carrying out a multidisciplinary technical study, solutions were presented towards the analysis of intervention impacts in protected urban areas, in order to determine the best way of compensating the damage caused to the environment; we also presented alternatives to damage recovery with the objective of enabling the fulfillment of social function of property in the face of interventions in protected urban areas. The adopted methodology was argumentative dialectics, in which there was an effort to question the epistemological core of traditional theories, seeking to establish a new paradigm to the interpretation of the rule. Inductive reasoning was used in order to move from a concrete case towards the rule.

ASSUNTO(S)

environment direito função social - direito social function of property meio ambiente direito countervailing duty direitos coletivos direito permanent preservation area collective rights urban area

ACESSO AO ARTIGO

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