Direito de propriedade e direito ao meio ambiente ecologicamente equilibrado: possível colisão entre direitos fundamentais

• Autor(a) principal: Mourão, Mariana Fernandes
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório do Centro Universitário Braz Cubas
• Texto Completo: https://repositorio.cruzeirodosul.edu.br/handle/123456789/1005
• topic: Propriedade; Meio Ambiente; Direitos Fundamentais; Colisão; Função Social da Propriedade; 6.01.00.00-1 Direito

This article aims to analyze the collision between fundamental property rights and the right to an ecologically balanced environment in Brazilian doctrine and courts. To this end, a bibliographic research was carried out on both fundamental rights. The research carried out on the property right revealed the collective fundamental right to the social function of property as being inherent to the property right itself. We sought, then, to characterize the phenomenon of collision between fundamental rights through bibliographic research. In order to find cases of collision between the right to property and the right to an ecologically balanced environment, jurisprudential research was conducted with the search criteria covering the words property, environment and collision. The result of this research was not initially successful. In the cases found characteristic of collision between the fundamental rights under analysis, it was not possible to apply the method of weighting by the principle of proportionality, either because the application of protective legislation to the environment previously solved the collision, or because it was not possible to ponder values in summary cognition. However, it is of the utmost importance for the Law to correctly understand the normative and jurisprudential intersection between the rights to an ecologically balanced and property environment. The way in which values are weighed between these fundamental rights, whether in the legislative or jurisprudential area, indicates the type of society that one wants to leave for future generations.