THE RELATIONSHIP BETWEEN THE SOCIAL AND ENVIRONMENTAL FUNCTION OF PROPERTY AND HUMAN RIGHTS - PAYMENT FOR ENVIRONMENTAL SERVICES (PES)

HENRIQUE RIBEIRO CARDOSO, PEDRO ERNESTO CELESTINO PASCOAL SANJUAN
2017 Figshare  
With the appropriation of the goods disposed in nature by man, a long discussion begins, which persists even today, about the limits of the exercise of the right of property, which was originally of an absolute character, being relativized throughout the Time, especially in Brazil with the promulgation of the Federal Constitution of 1988. The aforementioned constitutional text, absorbing the concept of social function of property, conditioned the exercise of this right to the fulfillment of
more » ... fulfillment of certain obligations, positive or negative, in favor of society, which evolved to include environmental content, exasperating the concept of socio-environmental function of property, as a corollary of the realization of human rights. Among the number of instruments presented over time, the Environmental Services Payment (PSA) deserved special mention, which is why it was included in the present study, so that the proposed challenge was to establish the link between the socio-environmental function of the property and Human rights and the importance of the PSA in its implementation and affirmation.
doi:10.6084/m9.figshare.5187232.v1 fatcat:h7me6gz6xffi3o7cgvokpeyg6y