The preservation of the Atlantic Forest and the right to property

an analysis in Rio Negrinho/SC

Abstract

With this work the objective is to research about the limitations to the properties from the protection of the Atlantic Forest. The discussion about the protection of this biome has been mandatory in the Brazilian environmental agenda, and Law 11,428 of 2006 instituted the Municipal Plan for the Conservation and Recovery of the Atlantic Forest. Several Municipalities started to create their plans, such as Rio Negrinho, in Santa Catarina, which will be our research cutout. However, based on this plan, the Municipality creates restrictions on the use of private property, and the compensation due does not always occur. At this point the relevance of the work, which seeks to analyze the collision between the principles of environmental protection and the right to property. The approach of the work is qualitative, with a deductive method, having bibliographic research and documental research as main tools. Although the Plan is still in progress, the results indicate that there is no mechanism for financial compensation for the administrative limitation.