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Emanuela de Oliveira Bertoldo da Silva

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Open access Jul 2026

A (não) obrigatoriedade do estudo da função socioeconômica e ambiental da propriedade rural nos cursos de direito: uma análise crítica da formação jurídica brasileira

This article aims to critically analyze the absence of mandatory teaching on the socioeconomic and environmental function of rural property in Law programs in Brazil, discussing the consequences of this gap for legal education and constitutional effectiveness. Based on a theoretical and bibliographical approach, the study investigates the constitutional and legal foundations that support the need for environmental education integrated into legal training, grounded in the 1988 Federal Constitution, Law No. 9,795/1999 (National Environmental Education Policy), and the National Curriculum Guidelines for Law Programs. It argues that rural property, in addition to being an economic and social asset, is also a central element of the environment, and its management must comply with principles of sustainability, rational use of natural resources, and respect for collective rights. The article highlights that environmental education, constitutionally established as a duty of the State and society, must be incorporated transversally into legal curricula, preparing professionals capable of facing complex challenges such as climate change, biodiversity protection, and the implementation of sustainable public policies. The research demonstrates that the current approach, which restricts environmental issues to elective or peripheral subjects, undermines the critical training of law graduates, perpetuating legal practices disconnected from contemporary socio-environmental demands. It concludes that the mandatory integration of the socio-environmental function of rural property into legal education is an essential condition for training legal professionals committed to environmental justice, sustainability, and the protection of fundamental rights for present and future generations. Keywords: Environmental education; Legal education; Social function of property; Sustainable development; Sustainability

Carlos Alberto Biazus, Emanuela de Oliveira Bertoldo da Silva, Irene Carniatto de Oliveira et al. · 0 citations