Abstract

GERSTENBERGER, Fatima Cristina Santoro; GERSTENBERGER, Guilherme Santoro  and  GUERRA, Isabella Franco. THE LIMITS OF PROPERTY RIGHTS AND THEIR INTERSECTION WITH SUSTAINABILITY AND THE ENVIRONMENT IN CONTEMPORARY SOCIETY. Revista Internacional CONSINTER de Direito [online]. 2023, n.16, pp.161-178.  Epub Dec 01, 2023. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00016.05.

The universal context of the social function of property has been the object of study and debate today, with the direct interest of citizens. The investigation has as general objectives to verify the application of the social function of property in the contemporary Democratic Rule of Law, and as a specific objective to solve the research problem, related to the limits of property law, its social function and environmental sustainability. The adopted methodology can be synthesized in descriptive bibliographic and documental research, in order to make possible the understanding and the interference in the investigated reality. As a result, it was identified that the protection of the environment is supported by several constitutional provisions, and it appears that the right to property does not have an absolute character insofar as it is limited to the observance of the defense of the environment. From a contemporary conception of property, The present study was developed and, thus, the scientific investigation had as its central axis the reflection on the limits to property rights imposed by the defense of the environment in contemporary society.

Keywords : Property right; Social function of property; Environmental sustainability; environmental law.

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