This thesis aims to comparatively analyze the legislative evolution that environmental protection has experienced in the Brazilian versus the American legal systems and their relationship with property rights.
Demonstrably, Brazil’s concern with the environment actually came into focus in the 1980s and it therefore received treatment within the Federal Constitution of 1988, as a diffuse right, contributing to better, stronger environmental protection.
Similarly, the protection of the environment in the American Constitution and its statutes as well as their enforcement and interpretation within the legal system are explored.
Of concern is the notion that environmental protection and third-generation rights consequently imply limitations to the concept of property and its use, since in order to ensure a greater common good, a perceived burden must be imposed upon the property owner, thereby conflicting with keystone property rights.
Therefore, this thesis will discuss how environmental protection and property rights can coexist by establishing a comparison between the countries, evaluating the advantages and disadvantages of each system, and assessing how they can be improved to pursue a balance.
Leonardo Munhoz, The Environmental Limitations to Property Rights in Brazil and the United States of America (Jan. 2014) (LLM thesis, Pace University School of Law), available at http://digitalcommons.pace.edu/lawdissertations/15/.