Desapropriação para fins de reforma agrária de imóvel rural produtivo com fundamento no descumprimento da função socioambiental da propriedade (original) (raw)

Anais do XXI Encontro Nacional do CONPEDI, 2012

Abstract

The right to an ecologically balanced environment has the nature of a fundamental right, as well as the right to property. The latter can only be seen through the perspective of its social function, without the fulfillment of which there is no lawful property right. Despite the expropriation for agrarian reform purposes seek to sanction the violator of the social function of property, when the property is productive, the Brazilian Constitution places fundamental rights in conflict, by excluding the productive property from the susceptibility of agrarian expropriation (art. 185, II, Brazilian Constitution). This conflict stands out when the environmental function of property is not fulfilled (art. 186, II, Brazilian Constitution). Through the literature method, it was intended to investigate the legal possibility of performing the expropriation for agrarian reform purposes of productive property when its owner is in violation of social and environmental function of property. Weighing up the constitutional values involved, this paper defends the impossibility of this procedure. This conclusion is justified by the fact that this kind of expropriation is tied to a constitutional purpose, namely, land reform, which is not suitable for recovery of environmental damage, which, at last, can be achieved by others more efficient and appropriate instruments.

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