THE RIGHT OF PROPERTY IN THE FACE OF ENVIRONMENTAL PRESERVATION

Abstract

This article aims to analyze the institution of private property under the current legislation, with changes and innovations introduced by the Federal Constitution of 1988, notably with regard to the principle of social function of property, facing the question of environmental preservation. We will analyze the constitutional principles that guarantee, on one hand, the right to private property and on the other, the right to an ecologically balanced and common usage of the people belonging to the community. What is proposed is to demonstrate that the property right has not been mitigated by the right to an ecologically balanced environment because the rules surrounding the first are always resave the need to fulfill the social function of property so that we can achieve the preservation of our resources natural and ecological balance so desired.