Função socioambiental da propriedade urbana e IPTU progressivo: aplicação na cidade de Uberlândia

Abstract

The environment is the natural habitat of man, reason why it must be protected by the legal system. With the evolution of the right to property, the same started to have a dual function, the socio-environmental, because there is no way to talk about social development lacking protection and preservation of the environment. The disorderly constructions of actuality are not concerned of preserving the environment, contributing to undesirable global warming’s effects, as "heat islands", floods and air pollution. This way, the right to property that is currently linked to collective, social and diffuse interests, is an integral part of the Master Plan, an essential instrument of Urban Policy, used by Municipalities to fulfill the social and environmental functions of the city. But for an effective application of socio-environmental function of property, is necessary a joint action by citizens and State (Article 225 of the Federal Constitution), being the public policy essential for the control and encouragement of an ecologically correct conduct (Article 225, § 1, VI, CF). Bringing this reflection about the environment, already widely protected by our planning, this article aims to contribute to the study of postures the public power can adopt to succeed in the protection of this right, so essential to the human species. For this, will be done a deep analyze through doctrinal works, articles, legislation and jurisprudence, demonstrating the possibility of giving effect to the socio-environmental function of urban private property, from the progressive IPTU (property tax) application, focused on the city of Uberlândia.