A função social da propriedade ambiental como concretização dos Direitos Humanos

Abstract

To reflect on the social function of property environment brings an effort to unders- tand the simple fact that environmental protection is made explicit in Art. 225 of the 1988 Constitution, in the law of environmental crimes (Law No. 9.605/98) and in the damage to the environment (Law 7.802/89) does not reflect the environmental function of property that differs from outright ownership rights that it is included. The protection of the environment is reflected in the normative protection dedicated to it, however there is an outline of the environmental property, it should be brought through the hermeneutic effort involving it in the profile owner Civil Code – as it pertains to property damage must be observed § 1 of Art. 1228 –, the City Statute (Law No. 10.257/01), special laws that oversee the different exercise of property rights – such as Law No. 9.610/98 which deals with intellectual property – and different rules for each urban municipality, especially the Master Plans of cities.