Contribuição do registro de imóveis para a efetivação do direito fundamental de acesso à informação ambiental, à vista da função socioambiental da propriedade

Abstract

It is known that many environmental damages have occurred, generating concerns about environmental preservation. Therefore, the realization of the fundamental right to an ecologically balanced environment should be a concern for everyone, including those in the area of Registration Law. In view of this, the general objective of this research is: to identify the legal possibility of the Real Estate Registry participating in the effort to facilitate access to relevant environmental information, based on the fundamental right to the environment, held by the citizen, and on the socio-environmental function of real estate, receiving news of environmental events. The aim is, notably, to respond to the demand regarding the relevance of publishing relevant environmental events in the Real Estate Registry and whether there is legal support for this, with the purpose of giving concreteness to the right of access to environmental information. This is a research whose method is analytical-deductive, and in order to achieve the proposed objective, theoretical references from scientific articles, case law and national and foreign legislation were used to consolidate the theoretical and conceptual bases, in order to validate the premises and the conclusion reached. Based on the above, it was concluded that, considering the fundamental right to the environment - which requires everyone to conduct themselves in a way that is concretizing - and the socio-environmental function of property - which renegotiated the legal relations of the right to property and established the right of non owners to take account of the way in which the right to property is exercised - the Real Estate Registry can contribute to the effectiveness of this fundamental right, as it is the manager of the largest real estate database in Brazil and because, through the operation of the principle of concentration, it is the natural recipient of information related to real estate that should have broad access and publicity. [resumo fornecido pelo autor]