Private property and the principle of the socio-environmental function of property in conservation units

Abstract

The constant waste and shortage of natural resources boosted legal discourses and debates about environmental protection. Brazil in its Federal Constitution declares the right to an ecologically balanced environment, as well as that the environment is essential to a healthy quality of life. Thus, the present research problem arises with the following question: in what way is private property limited in order to guarantee the effectiveness of the principle of the socio-environmental function of property in conservation units for sustainable use? Therefore, as a general objective, we highlight the analysis of the principle of the socio-environmental function of the property and its relationship with Sustainable Use Conservation Units. The specific objectives are: to present key concepts for the discussion of the theme, to relate the protection to conservation units and private property and to verify if the limitation to private property in areas of conservation units for sustainable use implies guaranteeing the principle of the socio-environmental function of the property. As a methodology, we worked with the systematic analysis of Brazilian legislation and jurisprudence, Federal Constitution and infraconstitutional laws in relation to the environment cumulatively to constitutional principles, as well as a bibliographic review, using, for this purpose, the deductive method, which makes it possible to gather various information to reach a conclusion. In conclusion, we emphasize that the conservation units are created to assist in the ecological balance in the environment with the objective of preserving the existing natural resources and avoiding their scarcity. Behold, environmental protection does not imply the emptying of private property.