Parâmetros para a aferição da função socioambiental da propriedade privada urbana nos termos do artigo 182 da constituição federal de 1988

Abstract

Conferring the importance of the right to property, as well as new concerns brought by Urban Law and Environmental Law, ensuring to collectivity the constitutional principle of a fairer society, the present study aims an analysis of the right to property as a right, no more absolute, but yes, a right which is only guaranteed to homeowners who make their property fulfill its social and environmental function, because it doesn’t conceives a property that only meets the individual interests. Urban private property must be beneficial to the whole collectivity. The reasons justifying the development of this work are very relevant, not only for the right of ownership that became a real law par excellence, but rather for being a right with environmental and social obligations, because the brazilian society is thirsty for best structural conditions for the urban areas. Objective an evaluation of property rights and its functions, urban law and the City’s Statute, in the construction of environmentally sustainable cities that excel by their social well-being, making the urban private property honor its environmental function within cities, for the promotion of their social and environmental functions, promoting the development and organization of the urban environment with social justice and equity among its citizens, through the master plan, as prescribed in article 182 of the Federal Constitution.