Usucapião na Amazônia Legal: o reconhecimento do meio ambiente como direito humano a partir do diálogo de fontes e controle de convencionalidade

Abstract

The research investigates adverse possession in the Legal Amazon from the perspective of environmental protection as an integral dimension of fundamental human rights, proposing a critical rereading of the legal requirements of possession. The objective is to demonstrate that the recognition of property, especially in forest areas, must observe not only the criteria provided for in the Civil Code, but also the constitutional principles, the Forest Code, infra-constitutional norms and international treaties on environmental protection. The qualitative method is used, with a descriptive and analytical approach, based on bibliographic, documentary and jurisprudential review. The study shows that the absence of formal land titling in the areas of the Amazon rainforest requires legal solutions that reconcile the legal security of tenure with the preservation of the environment, in accordance with the international commitments assumed by the Brazilian State. It is argued that the socio-environmental function should constitute a legitimate criterion for the original acquisition of property through prolonged possession. It analyzes the role of jurisdictional action and conventionality control in the resolution of land conflicts in environmentally sensitive areas, reinforcing the responsibility of the State in the application of ecological hermeneutics. The research makes a comparison between the Brazilian legal system and the models of adverse possession in force in Colombia, Bolivia and Peru, concluding that Brazil has a more evolved system, by integrating environmental protection as a structuring element of the recognition of property. The work argues that the environment has its own legal value and that its preservation should be treated as an ethical and legal requirement for land regularization in the Legal Amazon.