Legal forest reserve through the prism of the new law of property: analysis of the constitutionality of the project nº. 143/2009 from Paraná state

Abstract

This work aims to study the legal forest reserve through the prism of the new property rights enshrined in the federal constitution of 1988 once exists in Paraná the law project nº. 143/2009 which aims to compensate finacially the Paraná landowner that comply with the quota of legal reserve in your property. Thus, it was analyzed the new structure of property rights enshrined in the federal constitution of 1988 observing their social and environmental function, basing the existence of certain administrative limitations of an environmental nature. Therefore it was proved that the legal reserve is the administrative limation to the property right based on their environmental function and, in this way, it is free, becoming a generic obligation to the landowner, just by being landowner. Thus, it concludes the unconstitutionality of project 143/2009 observing the incompatibility with the constitutional provisions that provide the existence of social-environmental function of property as a duty imposed on the owner, which legitimizes the institute of legal reserve as an administrative restriction on the right of property and should be free.