A disciplina urbanística ambiental e o caso das dunas do cocó

Abstract

This monograph is a study of the case of the Area of Relevant Ecological Interest Dunes Coco. This region of Fortaleza received legal protection through the Ordinary Law nº 9.502/2009, thus creating the Area of Relevant Ecological Interest (ARIE). Since then, there have been generating great impact due to high real estate appreciation that exists on site. This is actually an example of the collision between fundamental rights: environment versus property. To develop this thesis, we proceeded to investigate bibliographic references predominantly national, and also a research procedure in the legal case decided by the Court of Justice of the State of Ceará, picking up data through the legal opinions and judgments. For a better understanding of the topic, it was studied the right of property within the urbanism associated to its environmental function, in which the state intervenes to the welfare of the community, it was possible to studied the limitations for the urban property. We analyzed the environment in the 1988 Constitution as fundamental right and duty, power and duty of the government and the community. We studied the case presented in the case ARIE Dunes Coco. The instruments for the solving of the conflict between fundamental rights applying to the Dunes of Coco were clarified by this study. Finally, it was concluded that among the interests and assets involved in the issue, the environment must prevail, under penalty of violation of the principle of prohibition of regress in the environment. In addition, an ecological existential minimum for future generations should be guaranteed, which makes the Area of Relevant Ecological Interest Dunes Coco constitutional and lawful.