A propriedade privada e a perturbação por ruídos ou poluição sonora

• Autor(a) principal: Carvalho, Luiz Gustavo Funchal de
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34849
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITOS ESPECIAIS; Poluição por ruídos; Poluição sonora; Direito de propriedade; Direito ambiental; Noise pollution; Sound pollution; Property law; Environmental law

From the moment in which human species, through agriculture and cattle-raising, settled in determined territory, sounds and noises emerged as a form of communication (spoken language), cult to the gods, and later as an art form (music and singing). However, since the Industrial Revolution, the production of sounds and noises has taken on gigantic proportions, not only due to technological innovation, but also due to migration from the rural to the urban environment. It has become noise pollution, a major problem in urban centers, not only for the auditory effects, but also for the reflex consequences that noise pollution causes: in addition to deafness, noise pollution interferes with sleep, as well as causing psychological and mental disorders and insomnia. Noise, given its importance in the postmodern world, was foreseen in the national legislation as a kind of pollution, under the terms of the National Environmental Policy. We will approach the limits for noise emission very briefly. We will go through the concept of property, the socio-environmental function of property and the right of neighborhood. We will bring the penal treatment for noise pollution, whether in the Criminal Offenses Act or in the Environmental Crimes Law, and we will explain the difference between them. In the end, we will make an administrative and procedural approach of the theme