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O estatuto da cidade e os instrumentos de política urbana para proteção do patrimônio histórico: outorga onerosa e transferência do direito de construir

Janaína Rigo Santin Elizete Gonçalves Marangon About the authors

This paper has as its object of study the Statute of the City (Public Law 10257/2001), emphasizing two instruments of urban policy under the Law on Artificial Environment for the recovery and protection of historical property: the onerous grant and the transfer of the right to build. The possibility is opened that in the case of a property being listed as a historic building, the owner of the property transfers his right to construct to another building, constructing beyond the basic limits in his region, without the need to pay anything more to the Public Authorities. The research highlights the importance of pubic management oriented toward the interests of its people, able to preserve its history as well as developing sustainable alternatives of development for future generations by creating legal alternatives for the owner of property who not only is relieved of the burden of having his property listed as a historical property, but receives a bonus. Furthermore, the article examines democratic municipal management in order to show that the quality of life of those who inhabit the urban areas, as well as their preservation of historical and cultural heritage, is a shared process between the local authorities and the citizens.

Citizenship; History; Local Authority; Principle of Constitutional Participation

Universidade Estadual Paulista Julio de Mesquita Filho Faculdade de Ciências e Letras, UNESP, Campus de Assis, 19 806-900 - Assis - São Paulo - Brasil, Tel: (55 18) 3302-5861, Faculdade de Ciências Humanas e Sociais, UNESP, Campus de Franca, 14409-160 - Franca - São Paulo - Brasil, Tel: (55 16) 3706-8700 - Assis/Franca - SP - Brazil