La mitigación en el cumplimiento de la función social de la propiedad urbana tombada

Abstract

Objective:The objective of this article is to discuss the mitigation in the fulfillment of the social function of the property that became a heritage by IPHAN, an important theme to many Brazilian cities, especially in large centers and which has direct implications with the quality of life in the urban environment. Methodology: It is a bibliographic and documental research, whose analysis method is the inductive approach, because it allows the researcher to start from the general to the specific, which made possible the investigation of the proposed theme. Results: Considering the study of the legislation related to the right of property, established in the Brazilian Civil Code, to the city provided in the articles 182 and 183 of the Federal Constitution of 1988, the fulfillment of the social function of the urban property in the light of the City Statute, Law 10.257/01 and the designation as heritage, established in the Decree Law no. 25/37, the results point to the fact that by ceasing to adequately inspect urban real estate considered heritage by IPHAN and which do not fulfill the social function, as provided for in the City Statute and the Master Plan, the municipality and the Public Prosecution Service, which are responsible for its inspection, end up mitigating the fulfillment of the social function and causing numerous negative externalities. Contributions: The fundamental contribution of this study was to demonstrate that by mitigating the fulfillment of the social function of urban property, when its inspection is not done in a satisfactorily way, the public entities end up contributing to the degradation of the cultural heritage and destruction of the country’s history. It was also possible to point out that the negligence promoted by public entities when they stop applying the law provokes two kinds of externalities: it is positive for the owners and negative for the society, which ends up living with abandoned real estate that could be destined to reduce the deficit of housing or leisure and culture centers.