Serventias de registros de imóveis como protagonistas da efetivação do princípio da informação ambiental sustentável

Abstract

The thesis aims to investigate to what magnitude Real Estate Registries can contribute to environmental sustainability and improvement of the socio-environmental constitutional state through greater publicity of environmental damages, facts and areas seeking to critically demonstrate how the principle, or duty, or even right fundamental to environmental information is not greatly materialized in Brazil, noting the precariousness of its implementation since its historical birth at national and international level. Initially, an attempt was made to start from a possible transdisciplinary construction of Law, demonstrating or not, that environmental law requires a systemic or holistic view of the facts, starting with an analysis of the current risk society, being necessary for this, the study of post-modernity and complexity and environmental protection and risk as a guideline of conduct, increasing the bankruptcy of institutions that should give voice to the principle of environmental information, highlighting the implications of this principle at the level of democracy, intergenerational responsibility and, finally , of environmental sustainability. From the analysis of extrajudicial services and the approach of their principles and form of operation, including through a comparative example with a foreign country (Spain), which adopts the same registration system and, through a hybrid analysis of one side of the social function of the property and of the other of an ecological pact, after all of a socio-environmental function, some interpretative measures are proposed that enable the existence of a socio-environmental democratic State based on the rule of law. Transforming the idea of the research into a question, synthetically, it is intended to answer the following issue: Is the principle of environmental information being materially implemented for purposes of environmental sustainability? Are real estate registries skillful democratic instruments suitable for the improvement of this fundamental principle/duty/right? The method of approach used was the deductive , based on true premises, environmental information in Brazil is materially precarious and without environmental information there is no democracy, intergenerational solidarity and, finally, environmental sustainability, or in another term: sustainable environmental information, a condition for a socio-environmental rule of law. Public registries are reliable and easily accessible environments of information of all kinds for the population, especially the Real Estate Registry in Spain, adopt a completeness of information, including environmental of the properties, while Brazil, on the other hand, lacks this promotion. Therefore, Brazil does not have sustainable environmental information, a condition of a socio-environmental rule of law. The methods of procedure used were historical, comparative and monographic, with which the aim was to explain, in the context of the risk society and its (in)sufficiency in managing environmental damage in light of the precautionary principle and environmental sustainability, the ineffectiveness of fundamental principle/duty/right to environmental information in dialogue with the Real Estate Registry, whose results demonstrate the great value of publicizing environmental facts in real estate registrations as a form of material implementation of sustainable environmental information and, ultimately, the socio-environmental rule of law. [resumo fornecido pelo autor]