O direito à propriedade e a sua função socioambiental: análise a partir da desapropriação e as cifras verdes

Abstract

Based on the Social Function of Property enshrined in the 1988 Federal Constitution, this study analyzes its environmental dimension as an essential requirement for exercising property rights in Brazil. It highlights the intrinsic relationship between property and the environment, emphasizing the need for sustainable use of natural resources to ensure an ecologically balanced environment. Nature is addressed as a form of appropriation within legal codifications and the 2002 Civil Code, considering property ownership and its impact on environmental protection, agricultural productivity, and economic development. In this context, sanctioning expropriation emerges as a fundamental instrument to ensure compliance with the environmental function of property, curbing degrading practices and promoting sustainability. Additionally, the study discusses the fight against green numbers-environmental crimes underreported to authorities-as an essential strategy to address agrarian disputes and reduce violence in rural areas. These disputes highlight the tension between property rights and agrarian reform, generating significant socio-environmental impacts. Thus, the environmental function of property is presented as a direct extension of its social function, ensuring not only economic development but also the preservation of natural resources for future generations. The study seeks to demonstrate that the exercise of property rights must align with socio environmental justice, preventing conflicts and ensuring a sustainable balance between production, land, and the environment. [resumo fornecido pelo autor]