O sistema registral como mecanismo de segurança jurídica para a efetividade dos compromissos ambientais de proteção e recuperação do meio ambiente

Abstract

This dissertation aims to analyze the role of the Brazilian registry system as a mechanism for legal certainty in the implementation of environmental protection and recovery commitments. In the face of social and environmental transformations, the integration of land registry and the environment presents challenges, but is crucial for the protection of a fundamental and public right such as the environment. The research problem is to identify how the real estate registry can contribute to the fulfillment of these commitments, questioning the existence of registry instruments to protect the environment and the normative force of the acts practiced by registrars in this context. The general objective is to verify and analyze how the real estate registry can be an instrument of legal security for compliance with environmental protection and recovery commitments and terms. The specific objectives include identifying which act practiced in the real estate registry can make it an instrument of legal security in this area, identifying environmental commitments and their contribution to environmental protection, and analyzing whether these commitments can have the character of propter rem obligations, i.e. whether they are automatically transmitted to the new holders of the real right. The dissertation is structured in three chapters, covering the study of Brazilian registry law, the acts practiced in the real estate registry, environmental registrations, the registry principles pertinent to the proposed theme, reaching the study, within the scope of administrative law, on terms of adjustment and recovery of the environment, socio environmental function of property, environmental administrative procedure and the possibility of converting simple fines into other environmental protection and recovery services, judicial protection and environmental commitments, as well as analyzing the legal relationship between registry activity and the effectiveness of environmental commitments, including the propter rem nature of environmental legal obligations. To this end, the deductive research method was used, consisting of legal-theoretical research, with the proposed study being approached in a qualitative manner, using the technique of interpreting concepts and theories, as well as understanding legal norms and doctrine. The research was carried out by consulting legislation, doctrine, articles and case law relating to registry services and the environment. Based on the analysis carried out, it is possible to infer that the land registry has considerable potential as an instrument of legal certainty for safeguarding and restoring the environment. It is understood that incorporating environmental protection and recovery terms and commitments into the property registration is a strategic legal tool for protecting and restoring the environment and promoting sustainability. It was concluded that environmental legal terms and commitments have the character of propter rem obligations, and that they therefore transcend changes in ownership of the property, ensuring the perpetuity of environmental protection obligations. Thus, theinterconnection between registry law and environmental issues can increase the effectiveness of environmental protection policies by promoting greater transparency, control and accountability in relation to activities that influence the environment. [resumo fornecido pelo autor]