Rereading of Property Rights to Your Light Environmental Function and Environmental Compensation How Densification Mechanism of Principle Paying User
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Published:
Jan 4, 2012
Keywords:
Property right, Social environmental function, Environmental compensation. Direito de propriedade, Função socioambiental, Compensação ambiental.
Main Article Content
Abstract
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.
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How to Cite
da Mota, M. J. P., & Pereira, D. Q. (2012). Rereading of Property Rights to Your Light Environmental Function and Environmental Compensation How Densification Mechanism of Principle Paying User. Revista Brasileira Multidisciplinar, 15(1), 8-22. https://doi.org/10.25061/2527-2675/ReBraM/2012.v15i1.71
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Artigos Originais
1437/5000
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• The author (s) warrant that the contribution is original and unpublished and that it is not in the process of being evaluated in other journal (s);
• The journal is not responsible for the opinions, ideas and concepts issued in the texts, as they are the sole responsibility of the author (s);
• Publishers have the right to make textual adjustments and to adapt the article to the rules of publication.
Authors retain the copyright and grant the journal the right of first publication, with the work simultaneously licensed under the Creative Commons Attribution License, which allows the sharing of work with acknowledgment of authorship and initial publication in this journal.
Authors are authorized to take additional contracts separately, for non-exclusive distribution of the version of the work published in this journal (eg publish in institutional repository or as book chapter), with acknowledgment of authorship and initial publication in this journal.
Authors are allowed and encouraged to publish and distribute their work online (eg in institutional repositories or on their personal page) at any point before or during the editorial process, as this can generate productive changes as well as increase the impact and citation of the published work (See The Effect of Free Access) at http://opcit.eprints.org/oacitation-biblio.html