The Possibility of Deduction of Environmental Liabilities in Expropriation for Each Breach of Environmental Rural Property

Abstract

This study aims to address the deductibility of environmental liability indemnification of quantum measured in the expropriation of rural property that failed to fulfill its environmental function. The Federal Constitution of 1988, provided for the possibility to expropriate rural property that failed to comply with its social and environmental role. On the subject, the Federal Regional Court of the 1st Region does not signed a single position on this opportunity to deduct the environmental liability, generating as a result, legal uncertainty for landowners and the community itself, being the Institute of Colonization and Agrarian Reform - INCRA the correct deduction.

Keywords

• Desenvolvimento sustentável
• Função socioambiental
• Passivo ambiental
• Justa indenização