THE ENVIRONMENTAL FUNCTION OF FOREST PROPERTY: BRAZIL AND GERMANY

The paper analyzes the effects of the environ-mental function of forest property in Brazil, based on the recent decisions of the Superior Court of Justice on the delimitation of the content of property and the appropriateness of compensation related to restrictions on the use of protected forest areas. The objective is to demonstrate that there has been a significant redefinition of the dogmatic institute of indi-rect expropriation and a strong conditioning of the owner & PRIME;s right to compensation. The pa-per also discusses the jurisprudential and doc-trinal bases of the social and environmental function of real estate property in Germany in the context of forest protection and conser-vation, in order to compare the feasibility and coherence of the solutions adopted in the two countries. The research uses the bibliographic and documentary survey, based on theoretical models, normative provisions and cases judged by the courts. It is concluded that the nation-al legal system of forest protection has already advanced a lot, but it still needs to improve its instrumental framework, including on the basis of the experiences of other legal systems.