Property's social and environmental function

• Autor(a) principal: Arend, Cássio Alberto
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito & Paz
• Texto Completo: https://revista.unisal.br/lo/index.php/direitoepaz/article/view/1693
• topic: private property; socio-environmental function; common goods; common pool resources; propriedade privada; função socioambiental; bens comuns; gestão de recursos comuns

Understanding private property and its socio-environmental function requires a conception that goes beyond the traditional notion that reduces property to public and private. It is necessary to understand the existence of common goods that go beyond this logic and require a new form of regulation and management. Still, the Federal Constitution of 1988 points to this path when it establishes the environment as a common good for the use of the people. Along the same lines, Elinor Ostrom's experience in the management of common fund resources points out that environmental goods can be managed and regulated in a community manner. In this sense, the problem of the research, which aims to understand how the theory of common goods can help in the legal construction of the socio-environmental function of property. The method used is deductive, and the authors worked on in the bibliographic review reveal the theoretical framework for building the hypothesis. This is revealed in the view that private property fulfills its socio-environmental function when it respects constitutional and infra-constitutional protection, as well as when communally managed as a common pool resource with regard to the environmental good.