O tombamento e a tranferência do direito de construir

• Autor(a) principal: Gasparini, Audrey
• Data de Publicação: 2005
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/8592
• topic: recording as historic site; transfer of the right to build; Patrimônio cultural - Legislação - Brasil; Direito de construir; patrimônio histórico; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO

ABSTRACT The present dissertation aims to analyze the two institutions of the Urbanistic Law, namely the recording as historic site and the transfer of the right to build. After analyzing the protection for property right and historic site, in the Brazilian Constitutions and the infraconstitutional legislation, the two institutions will be studied in different chapters. It will be discussed the elements of each one, as well as the different understandings adopted by the doctrine concerning some aspects of the recording as historic site and the transfer of the right to build. Reading the third and fourth chapters, it is noticeable that the institutions are complementary, since they make possible the preservation of the historic site through the recording and the reduction of loss, occasionally suffered by its owner, with the transfer of the right to build. Thus, the right to build restricted with the recording as historic site can be used by the owner in another property or sold to a third party. The last chapter is about some conflicts resulting from the simultaneous use of those instruments. Whenever is possible, such conflicts must be predicted by the legislator. This study is indispensable as their mutual application enables a situation forbidden by the Federal Constitution, in other words, the non compliance with the social function of property.