O direito de propriedade em conflito com a desapropriação para preservação ambiental.

Abstract

This paper deals with the institute of administrative limitation for environmental preservation purposes and its interference with property rights, investigating the forms of expropriation and the right of the owner to seek compensation from the Public Administration. Given this situation, considering the growing increase in administrative limitations imposed by the public administration in relation to private property, as well as the necessary preservation of the environment, seeks to know what is the legal limit of public administration to impose limitations on the use of property in the face of constitutional guarantee of private property. The method of approach used is the deductive one, based on the study of the protection of private property in the Brazilian Constitutions, as well as the advancement of constitutional and infraconstitutional protection with regard to the protection of the environment and understanding of the judiciary, in the hypotheses in which balanced environmental protection goes beyond the limits of private property, causing the owner a burden. The study of the theme is of fundamental importance, as the need for environmental preservation is increasingly discussed, so that nature is not sacrificed because of human attitudes. On the other hand, gradually, more areas of private property will be declared as preservation, making it impossible for the owner to use it. The present work dealt with the Indirect Expropriation Action, an action by which the owner will have the chance to claim compensation for administrative limitation and economic drain on your property.