Private reserves and the social function of property
DOI:
https://doi.org/10.21527/2176-6622.2022.58.12587Keywords:
RPPN, Função Social, Princípio Constitucional, Direito Ambiental, Unidade de ConservaçãoAbstract
This article investigates the applicability of the principle of the social function of property, guaranteed and reinforced by the Brazilian Constitution of 1988, together with the creation of conservation units, more specifically, of Reserves of Private Natural Heritage (RPPN). Through a methodology of a basic nature, with a descriptive objective character and using bibliographic and documentary procedures, the study briefly reports the evolution of the principle, the change in mentality about private property, as well as addresses the importance of environmental protection and suggests the concept of socioenvironmental function as a smarter combination. It aims to answer the questions: Does the creation of Conservation Units consists of an act contrary to the principle of the social function of property? And, if the implementation of a UC is motivated by the land owner's free initiative, as in the case of the RPPN, will the property's social function continue to be accomplished? As a result, it is thought that the creation of a UC and the constitutional principle addressed are not mutually exclusive and, even in the case of the RPPN, the principle continues to be achieved.
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