The expression in natura, originating from Latin, designates the original, unprocessed, or untransformed state of a good, object, or substance. In the Brazilian legal system, the term has transversal application, being central to Environmental Law, Tax Law, and the execution of obligations, referring to the preservation of the physical integrity or substance of an element in its primary condition, without the interference of artificial processes or pecuniary substitutions.
Concept and Foundation
The in natura institute is not limited to a static concept but reveals itself as an operative principle that mandates the maintenance of an object's essence. In the Law of Obligations, in natura execution (or specific performance) is the primary form of fulfilling obligations to do or not to do, prioritizing the satisfaction of the creditor's interest through the originally stipulated performance, to the detriment of conversion into damages.
In Environmental Law, the phrase takes on the contours of a protection standard, referring to natural resources in their original state of conservation, preventing the degradation or irreversible alteration of ecosystems. Classical doctrine, aligned with constitutional hermeneutics, interprets in natura protection as a state and private duty to maintain the integrity of goods of common use by the people, in accordance with Article 225 of the 1988 Federal Constitution.
Historical Origin and Evolution
The genesis of the term dates back to Roman Law, specifically in the distinction between restitutio in integrum and pecuniary compensation. Historically, the legal system prioritized the delivery of the thing (dare) or the performance of the act (facere) in its specific form. With the evolution of contemporary Civil Law, especially under the influence of 19th-century European codifications, in natura execution was consolidated as the corollary of objective good faith, ensuring that non-performance does not result in mere monetization of the legal relationship, preserving the autonomy of the will manifested in the obligation title.
Practical Application and Current Jurisprudence
In the Brazilian Civil Procedure Law, the 2015 Code of Civil Procedure (CPC/15) reinforced the primacy of specific performance. Articles 497 and 536 grant the magistrate powers to determine measures that ensure the achievement of the practical result equivalent to performance. The Superior Court of Justice (STJ) has consolidated jurisprudence to the effect that execution for a fixed amount (damages) is a subsidiary measure, with in natura execution being the preferred rule to ensure the effectiveness of judicial protection.
In the scope of Environmental Law, the jurisprudence of the Supreme Federal Court (STF) and the STJ is unanimous in addressing the reparation of ecological damage. In natura restoration is considered the ideal form of reparation, with pecuniary compensation being an exceptional measure, applied only when the recomposition of the ecosystem is technically impossible or unfeasible, in accordance with the polluter-pays principle.
Related Principles and Divergences
The concept of in natura dialogues directly with the Principle of Specificity. However, scholars such as Pontes de Miranda and, more recently, the dogmatics of Anderson Schreiber, point to the tension between specific performance and the theory of substantial performance. The divergence lies in the hypothesis where the cost of in natura performance becomes disproportionate to the benefit obtained, allowing, exceptionally, for the mitigation of the rigor of specific performance in favor of prohibiting abuse of rights and the principle of economic efficiency.
Contemporary Relevance
Currently, the application of the term has expanded to Tax Law, specifically regarding the payment of taxes with real estate or products in their natural state, and in consumer relations, where the product defect warranty imposes replacement or repair in the original state of conformity. Contemporary relevance lies in the transition from purely financial compensatory justice to results-oriented justice, where the legal system seeks the preservation of goods and the fulfillment of contractual promises in their literal sense.
Legal and Jurisprudential References
- 1988 Federal Constitution: Art. 225 (Right to an Ecologically Balanced Environment).
- Code of Civil Procedure (Law No. 13.105/2015): Art. 497 (Specific protection of obligations to do and not to do) and Art. 536 (Compliance with judgment).
- Brazilian Civil Code (Law No. 10.406/2002): Art. 247 et seq. (On obligations to do).
- STJ, REsp 1.844.757/MT: Understanding on the primacy of in natura reparation in environmental damages.
- STF, ADI 4983: Discussion on the protection of natural assets and the prohibition of irreversible damage.
