DIREITO DE PROPRIEDADE VERSUS DIREITO AMBIENTAL: UM ESTUDO DE CASO DO ECO RESORT QUINTA SANTA BÁRBARA

Abstract

The purpose of this article is to analyze the conflict between environmental law and property law, since among the requirements that make up the social function, which makes the property right susceptible to limitation, is the preservation of the environment. The methodology was bibliographic, exploratory, and descriptive research, through document analysis. Thus, even if the property right has constitutional protection, it must meet its socio-environmental function. Therefore, the concrete case presented exemplifies the relativization of property rights by environmental law, in which the STJ decided to stop the works that threatened to destroy areas of permanent preservation. However, it is not possible to state that the property rights will always be nullified by environmental law, since the application of the most appropriate standard will have to be defined based on the analysis of the specific case.