The Right to an Ecologically Balanced Environment and the Right to Private Property: Exibility of Forest Reserve Legal in Urban Area and Urban Sprawl

Abstract

To assure effectiveness of the right to an ecologically balanced environment the State must adopt certain measures opposite to some fundamental rights, among which the right to property. Among these administrative limitations, the Legal Forest Reserve LFR stands out, it has legal support in Law 12.651/12, as an area of restrictive use located within every rural real estate that intends to ensure the usage of the sustained resources inserted in the area. In this context, the present article aims to approach the requiring of Legal Forest Reserve in urban area and urban sprawl. Through exploratory, bibliographical-documental research, applying inductive and qualitative method, we examined the right to a healthy environment and to property, the socio-environmental function of the property, the criteria to differ rural from urban property, matters of urban land divisions and the LFR institute itself so that at last, we could approach the social, historic and legal outlines of the demanding of the LFR in the urban area and urban sprawl, concluding that after the edition of the new Forest Code there are no longer obscurities about the possibility for the Government to demand the LFR in real states located in urban areas or urban sprawls defined by law, as long as they maintain rural function.