Informação ambiental juridicamente qualificada e comunicação administrativa : contributo do registro de imóveis às ações estatais de defesa e proteção do meio ambiente

Abstract

This S.J.D. dissertation constitutes a scientific investigation into the contribution of the Real Estate Registry, provided through legally qualified environmental information and administrative communication, to state actions to defend and protect the environment. The research problem is summarized in the following question: how can the legal activity of the Real Estate Registry in Brazil contribute to subsidizing state actions to defend and protect the environment? To answer this problem, this S.J.D. dissertation worked with the hypothesis that the legal activity of the Real Estate Registry produces legally qualified environmental information. Using a normative, conceptual, and analytical methodological approach, based on bibliographic and documentary research sources, the work corroborated the hypothesis initially raised. The scientific investigation was structured to analyze, initially, the elements that make up the right-duty of environmental information and then, the legal regime of the Real Estate Registry. Subsequently, the two thematic axes in which the legal activity of Public Records has gained increasing relevance in Brazil were analyzed. The first was the thematic axis of access to justice, in which it was observed, as a result, that the legal basis is at the heart of the expansion of the role of Property Registries in expanding the fundamental right of access to justice. The second was the thematic axis of public policies, in which it was identified, as a result, that administrative communications are at the heart of interactions between extrajudicial services and Public Administration, facilitating the realization of fundamental social rights. Based on the convergence of these two thematic axes, five proposals for normative changes were created, involving acts originating from all three Powers of the Republic (Legislative, Executive and Judiciary) to expand the synergy between the Real Estate Registry and the Public Administration and thus provide more effective protection for the environment. These proposals consist of making mandatory: the registration of the legal reserve in the real estate registration, respecting the constitutional principle of prohibiting environmental setbacks; the production of substantiated notes of approval, in land regularization procedures, with their subsequent sending to the Public Authorities, in compliance with the constitutional principle of publicity; the endorsement of acts with environmental content in the property registration, as a corollary of the principles of the highest level of environmental protection and the concentration of acts in the real estate registration; communication of environmental records and endorsements to directly interested public bodies, respecting the principle of administrative efficiency; the integration of the Real Estate Registry into the SINIMA, in order to strengthen interinstitutional informational interaction. All these proposals aim to improve environmental protection in the public phere, through greater interinstitutional approximation and cooperation between the Real Estate Registry and the Public Administration, thus contributing to achieving environmental justice in Brazil.[resumo fornecido pelo auto]