THE RESTRICTION ON THE RIGHT TO RURAL PROPERTY DUE TO THE DUMPING OF ITS SOCIAL FUNCTION

The objective of this research was to analyze the right of rural property in accordance with current legislation, taking into account the social function of the property and its connection with the environmental issue, especially with regard to the right to the environment ecologically balanced. It was analyzed the right of the owner who, in principle, has power over something, being able to freely enjoy, dispose, recover and own it, in contrast to the apparent restriction of this right when the social function is not fulfilled. The methodology used in this research was that of the deductive method and, in terms of the means, the research was the bibliographical one with use of the legislation, doctrine and jurisprudence and, for the purposes, the research was qualitative. It was concluded that the right to property is not mitigated by the possibility of expropriation, but rather a conduit to the best use of property so that it achieves its social function and can serve present and future generations.