A concretização dos direitos à propriedade e ao meio ambiente sadio e equilibrado no âmbito do poder judiciário brasileiro

Abstract

The present work intends to discourse on the realization of the rights to property and healthy and balanced environment in the scope of the Brazilian Judiciary Courts, after the Federal Constitution of 1988. The social function of property, express in our legal system, has been widely argued, mainly in relation to the country and urban property. The right to ecologically healthy and balanced environment was rank in the Federal Constitution of 1988 as a right of everyone, including the future generations. The preservation of environment is a State‘s and people‘s duty. The mentioned sentences in this study (judicial decisions of the Superior Courts) had been analyzed and selected in order to search a specific relation of the social function of property with the environment: the ambient, social-ambient or ecological function of property. The recognition of an ecological function of the property implies in recognition of duties of the proprietor with regard to environment, which do not configure simple limitation of property right, but condition of reformulation. The research is classified as bibliographical, descriptive, exploratory and case law. The bases of bibliographical consultation had been books and varied academic productions, dissertations, thesis and scientific articles published in virtual or printed magazines or congresses‘ annals. The bases of case law consultation had been the available publications in internet of decisions emitted for our Courts, using as keywords: ambient function, social-ambient function, ecological function, property and environment.