The social function of rural property and the legal reserve in the Amazon

Abstract

This research investigates the legal relationship between the Legal Reserve and the social function of property in the Amazon. The general objective of the research is to contribute with the application of the Legal Reserve as an instrument of the social function in Amazon. The research analyzes the legal content of the right to property and the social function of property; the evolution of Legal Reserve regulation, from its inception until the present moment, and the application of the Legal Reserve resizing in the State of Pará, aiming to understand the relationship between the Legal Reserve and the social function of property. The methodology used involved the deductive method, qualitative approach and documentary bibliographic research technique. The research shows that the Legal Reserve is determinant for the analysis of the environmental aspect of the social function of the property in Amazon. On the one hand the social function of property is the foundation for the creation of the Legal Reserve, on the other it becomes one of the conditions for compliance with the environmental aspect of social function of property. The social function of property ceases to be exclusively a right-guarantee of the owner and becomes a right-guarantee of society to the conservation of the Amazon biome.