Ação civil pública em defesa do patrimônio histórico e cultural: o maior sambaqui do mundo

• Autor(a) principal: Oliveira, Davi Reis de
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5782
• topic: Ação civil pública; Patrimônio histórico; Sambaqui

The present monographic work aims to analyze as peculiarities of Public Civil Action nº 5002764-46.2011.4.04.7207, filed by the Federal Public Ministry, in defense of the Sambaqui of Garopaba do Sul, considered the largest in the world. In order to do this, the research methods were adopted: a research study was classified as qualitative in terms of volume, and the procedure adopted was documented and bibliographical, considering that a collection of data through an analysis of a judicial process, as well as through information and theories published in diverse sources, such as laws, doctrines and jurisprudence. With the study it was verified that the Federal Public Ministry uses as basis for a proposal of action, mainly, as protective norms to the archaeological patrimony and as areas of permanent preservation of the surroundings of the mentioned Sambaqui. There are no doubts and suggestions for the launching of garbage, breeding of animals, pedestrian crossing, tractors and carrots, fences destroyed, and, mainly, as sports trails that are carried out without place, without prejudice to the advance of the irregular houses on the limits of the Sambaqui, generating several negative impacts to the archaeological site in question. Finally, it identifies a current procedural phase of the action, is already under way for more than 6 (six) years, is currently in the instructional period, and awaits the payment of expenses and expert fees for an expert performance. In this way, it can be concluded that the Federal Public Ministry has exercised its role in an exemplary way, innovating in the defense of the Archaeological Heritage of the region. In addition, it is possible to perceive the importance and relevance of the demand demanded and of all the case in question, even at national level, since the neglect by the public power and the population itself in relation to said Sambaqui, in case of irreparable damage for all society, including as future generations.