Rereading of Property Rights to Your Light Environmental Function and Environmental Compensation How Densification Mechanism of Principle Paying User

• Main Authors: Mauricio Jorge Pereira da Mota, Daniel Queiroz Pereira
• Format: Article
• Language: Portuguese
• Published: Maria Lúcia Ribeiro, 2012-07-01
• Series: Revista Brasileira Multidisciplinar - ReBraM /Brazilian Multidisciplinay Journal
• Subjects: Direito de propriedade; Função socioambiental; Compensação ambiental.
• Online Access: http://www.revistarebram.com/index.php/revistauniara/article/view/71

The objective of this work is to enable a rereading (new interpretation) of the property right in order to better understand its social environmental function and the institute of environmental compensation. With this aim, we used the theoretical-conceptual and descriptive-interpretative methods, offering a critical interpretation of the main aspects related to the theme. This effort permitted us to conclude that the social environmental function of the property stands as a "structural part" of this right and the laws that determine environmental links assume an enlightening role of the constitutionally constructed limits in respect of nature's protection, environmental balance and cultural estate. More than that, the analysis of Brazilian Supreme Court's decision in the ADI nº. 3.378/DF, made it possible to understand the user-payer principle better, clarifying that it is the user's obligation, in the proportion of the activity that he/she/it explores, to assume the costs of an intensive and, sometimes, predatory use of environmental resources by the respective sharing or compensation.