Transmissibilidade da obrigação de reparar o dano ambiental na hipótese de aquisição originária da propriedade

Abstract

This dissertation analyzes the possibility of civil environmental liability for those who acquire property originally, such as in cases of adverse possession, expropriation and acquisition at public auction. Although art. 2, § 2, of the Forest Code regulates civil liability in cases of acquisitions derived from real estate, there is an omission regarding the possibility of transmitting the obligation to repair environmental damage in the event of original acquisitions. The analysis of the topic considers the principles of good faith, legal security, the socio-environmental function of property and the right to an ecologically balanced environment, seeking to balance the right to property with environmental protection, both essential to the sustainable development provided for in the Federal Constitution 1988. Based on a method of constitutional interpretation, the work aims to expand the concept of "transfer" provided for in art. 2, § 2, of the Forest Code in order to cover original acquisitions, harmonizing property rights with maximum effectiveness in protecting environmental assets. This approach is essential to prevent and repair environmental damage, strengthening the effectiveness of environmental protection and legal certainty in the Brazilian legal system. The research adopts the hypothetical-deductive method and is based on a bibliographic study, analyzing doctrine, jurisprudence and current norms. As an expected result, we seek to clarify whether the original acquirer can be held responsible for environmental damage committed by the owner or previous owner and under what conditions such liability would be legitimate. In addition to contributing to greater legal security for purchasers, the study aims to stimulate legislative and jurisprudential debate, promoting harmonization between environmental, social and economic rights. [resumo fornecido pelo autor]