Indenização à proprietários de imóveis localizados em APPS

Abstract

The purpose of this article is to analyze the possibility of indemnification to private landowners located in Permanent Preservation Areas affected by their economic potential in the face of such administrative limitations imposed by the Public Administration. Since the 1965 Forest Code (Law no. 4,771 / 65), several limitations to the right to property were established with regard to land use and exploitation, especially the Permanent Preservation Areas. In this sense, there are those who argue that because the owner does not have the right to exploit such areas because of the location of the property, it would not be necessary to speak about compensation, under penalty of illicit enrichment, prohibited in the Brazilian legal system. On the other hand, there are those who maintain that although the limitation does not imply the loss of property, it ends up impeding the use of the area and, consequently, entails the economic devaluation of the property and the exploration of the area, which would configure the constitutional right to expropriation indemnified

Keywords

• Indemnification
• Expropriation
• Permanent preservation area