Áreas de preservação permanente e a intervenção imobiliária

Abstract

The Environmental Legal Protection like a relatively recent aspect of the law, has a tenuous line between what is constitutionally protected and which are the infra-constitutional norms and issues not yet protected by Environmental Law. According to the market changes and its robust dynamism, the number of buildings, whether horizontal or vertical construction, has been expanding and changing since from the structure of small cities to surrounding the large urban centers. This article search for demonstrate how the Environment can be safeguarded without this negatively affecting the individual's right, so how the Permanent Preservation Areas also can be respected without this representing a real estate restriction, even in that cases where does not occurred earlier Participative Municipal Master Plan and the expansion of urbanization has not be observed and after that it became, therefore, impracticable that a certain area be understood as Permanent Preservation Areas only after the real estate event occurred. We tried to demonstrate how it is possible to protect the Permanent Preservation Areas without this representing some kind of restriction of the right of the individual in their property, as well as to highlight how should be the position adopted by the individual when it has an area characterized as an Permanent Preservation Areas as in result of the precedent of the STJ that moved away the Consummate Theory for environmental matters