PROPERTY RIGHTS AND THE ENVIRONMENT: CHALLENGES AND SOLUTIONS FOR RECONCILING LAND USE AND ENVIRONMENTAL PRESERVATION IN MATOPIBA

Abstract

The central theme of this study is property rights and the environment, highlighting the challenges and solutions for reconciling land use and environmental preservation in MATOPIBA. The question is: to what extent can property rights be exercised without compromising environmental balance and the rights of future generations? The general objective of this research is to analyze the relationship between property rights and environmental preservation in Brazil, focusing on the legal and practical implications in the MATOPIBA region as a way of clarifying possible conciliatory solutions to the problem presented. The specific objectives are: to understand the application of articles 5 and 225 of the 1988 Federal Constitution from the context of the social function of property; to verify legal instruments such as the Forest Code, Rural Environmental Registry and Land Statute in promoting sustainable use of property; and to discuss the impacts of agricultural expansion in MATOPIBA, collecting data on degradation and preservation. The methodology involves qualitative, exploratory and descriptive research with procedures for collecting documentary data to constitute the literature review. As a result, although the right to property is duly guaranteed by the Federal Constitution, it is not absolute and is subordinate to social functions and other environmental regulations. Deficient monitoring, land grabbing and the weakness of related public policies make the challenge of preservation even greater. Therefore, as a possible conciliation measure, the relevance of policies that integrate and encourage environmental land regularization in the region is highlighted.