Os desafios para proteção do patrimônio histórico edificado no Brasil: estudo de caso do programa 'alegra centro 'em Santos/SP

• Ano de defesa: 2017
• Autor(a) principal: Corominas, Vivian Valverde
• Orientador(a): Carriço, José Marques
• Banca de defesa: Carriço, José Marques, Saleme , Edson Ricardo, Souza, Clarissa Duarte de Castro
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Católica de Santos
• Programa de Pós-Graduação: Mestrado em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: meio ambiente cultural; patrimônio histórico edificado; tombamento; alegra centro
• Palavras-chave em Inglês: cultural environment; built historic patrimony; tombamento; alegra centro
• Área do conhecimento CNPq: CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede.unisantos.br/handle/tede/4121

This thesis tried to analyze the challenges for the protection of historical heritage built in Brazil taking into account the Program of revitalization of the central area of the Municipality of Santos/SP, called ¿Alegra Centro¿. The objective was to demystify the negative conception that institute called in Brazil as ¿tombamento¿ as gained over the years. For this approached the evolution of the concept of property right until to the social function of the city. In this sense, it was demonstrated that the architectural heritage is inserted in the Artificial Environment deserving an environmental protection, emphasizing that there are no people without identity. Therefore a protection of cultural heritage built aims to guarantee the dignity of the human person. Under the focus of International Law, the thesis succinctly addresses some of the International Conventions that protect cultural heritage, as well as the evolution of the concept of protection of monuments to the protection of urban sets through the analysis of Heritage Letters. At the national level, was studied the Law n. 25, of 1937, which deals with the protection of cultural heritage in the country, creating the institute of ¿tombamento¿. Thus was analyzed the jurisprudential of the main discussions involving the theme. In the analysis of the case study, the question of the revitalization of the central area of Santos / SP was investigated in order to determine if the incentives provided by the legislation were sufficient to promote the intended transformation, as well as whether the gentrification process was carried out. It was also treated the possibility of coexistence between the right to housing and the right to culture or whether in the collision of these rights, one prevails over the other. In order to reach the proposed objectives, the deductive method was used, through a general analysis of the legislation to protect the historical heritage, as well as the case study, using the bibliographic resources to confirm or refute the premises launched in this qualitative research.