Loteamentos clandestinos em áreas rurais de Goiás: a expansão dos sítios de recreio e a responsabilização cível por danos ambientais

Abstract

The rapid and often unregulated urbanization in Brazil has fueled the expansion of illegal land subdivisions in rural areas, a phenomenon that poses significant challenges to legal certainty, territorial planning, and environmental sustainability. In the state of Goiás, the irregular fragmentation of rural land for urban purposes has intensified, driven by land appreciation and the inadequacy of fully effective monitoring mechanisms. Many of these developments are marketed under the pretext of leisure purposes, a strategy that conceals their true urban nature and challenges the existing regulatory framework. In this context, the present study aims to analyze the legal and environmental implications of the proliferation of illegal land subdivisions in rural areas of Goiás, with a particular focus on the case law of the Superior Court of Justice (STJ) and the Court of Justice of the State of Goiás (TJGO). To this end, a qualitative approach is adopted, based on a review of specialized literature, an analysis of applicable legislation, and the systematization of judicial decisions to identify decision-making patterns and assess the effectiveness of the measures implemented to curb such practices. The findings indicate that, although the judiciary employs mechanisms such as injunctions, land registry suspensions, and financial sanctions, the recurrence of these irregular occupations underscores persistent structural challenges, particularly concerning monitoring and the accountability of the actors involved. In the field of environmental civil liability, the application of the polluter-pays principle and the duty of full environmental restoration faces obstacles, particularly regarding the identification of individual responsibility and the effective enforcement of remedial measures. While the liability of developers is widely recognized, the potential responsibility of buyers requires a nuanced analysis, balancing the protection of objective good faith with the necessity of ensuring compliance with environmental and urban planning regulations. The role of the Public Prosecutor’s Office of the State of Goiás, exemplified by Operation Lote Legal, represents a significant advancement in addressing the issue. However, it highlights the need for more integrated strategies among public entities to enhance the effectiveness of existing legal provisions. In light of this scenario, the study underscores the importance of increasingly coordinated action among monitoring agencies, the judiciary, and legal practitioners to strengthen environmental protection, ensure legal security, and promote a sustainable territorial development model in the state of Goiás.