Sustainable Tourism Law

422 SUSTAINABLE TOURISM LAW Interest and Locations of Tourist Interest, observing the guidelines set forth in the federal law. Finally, art. 33 includes the assets and rights of tourist value in public patrimony, whose defence is possible through class action, and art. 34 provides the stay of preliminary order of the harmful act in such actions. IV. FEDERAL CONSTITUTION OF 1988 The Federal Constitution of 1988 was the first that dedicated a specific provision to tourism, in the chapter dealing with the General Principles of Economic Activity, inserted in the Title on the Economic and Financial Order. Its art. 180 provides that: “The Federal Government, the Federal District and the Municipalities will promote andencourage tourismas a factor of social andeconomicdevelopment”. The same chapter attributes to the Estate the role of normative and regulating agent of the economic activity, with the functions of focusing, incentivizing and planning, which us determinant for the public sector and indicative for the private one (art. 174). In the chapter referring to the competences of the Estate, it is common for the Federal Government, States, Federal District and Municipalities to protect notable natural landscapes, cultural assets, monuments and archaeological sites (art. 23, III). The competence to legislate the protection of tourist patrimony and the responsibility for the damage caused to assets and the rights of tourist value is linked to a competitor of the Federal Government, States and Federal District (art. 24, VII and VIII). In competing jurisdiction, that of the Federal Government is limited to set forth general norms and it does not exclude the supplementary responsibility of States, which may exercise it fully in the absence of a federal law or if it is not contrary to it (art. 24, paragraphs 1 st to 4 th ). Therefore, these precepts confer constitutional status to the protection of tourism heritage, in accordance with the law, and grant the division of competences provided for in Act No. 6,513 of 1977, as applicable by the Federal Government, States and Municipalities.