Direito constitucional fundamental ao meio ambiente ecologicamente equilibrado: a questão da inindenizabilidade das áreas de preservação permanente e da reserva legal, em virtude da função socio-ambiental da propriedade rural

Abstract

The dissertation begins from the analysis of fundamental law to environment ecology equilibrated to answer the question of search. The permanent preservation areas and lawful reservation constituted in function of the application and the principle of the function partner environment from the rural property must result indemnity to the proprietor? For you come to the central problem were traced four objectives: -The First was approach the change of paradigms that was happened in the world reverberating in a right evolution beginning from the single base for the collectivity that appeared new rights in function of new reality perception. -The Second was analysis the fundamental right of the private propriety. -The Third was analysis the environment right passing in his historic of view changes about the environment beginning at pure anthropocentrism till the actual moment and his principles. -The last objective was made a reread of propriety right, the light of environment protection. It was understood that in rule the institution of reservation right and the permanent preservation area don't result indemnity to the proprietor.