Sustainable Tourism Law

LEGAL PROTECTION OF SUSTAINABLE TOURISM IN BRAZIL 417 With regard to cultural and natural assets protected by specific legislation, the relevant request shall be the responsibility of those who are willing to undertake it, in the respective competent agency. The paragraphs of arts. 7 th and 8 th provide for the preliminary measures to carry out the studies, highlighting the notification to the owners of the assets encompassed in the physical space being analysed. As it will contain provisional general guidelines for the use and occupation of space during the period of the analysis, it attributes to the owners of the assets responsibility for their integrity, as stipulated in paragraphs 1 st and 4 th of art. 8 th . On the other hand, such guidelines imply preliminary studies during which the desired integrity of the asset may be compromised, as its owner will only be obliged to take care of it after being regularly notified. Before, such owner could purposely debase their character, without being subject to any punishment, as, for example, it occurred when the intention to register properties located at Avenida Paulista, in São Paulo, was declared. Hence, the notification should do without the guidelines already defined for the use of the asset, thus preventing the debasing of its character by the owners, during a definite and necessarily short time where they will be defined. The legal form set forth provides for occurrences that go against the stated intentions, considering the full right to private property guaranteed in the Federal Constitution still prevails over its social function, which is also provided therein. On the other hand, the legislator acted well in setting conditions for the validity of the notifications, avoiding common administrative delays in expropriations already consummated, whose indemnities are paid ten or twenty years later. In this line of thought, according to art. 9 th of the relevant law, the effects of the notification shall cease: “I – on the date of publication of CNTur resolution, in cases of dismissal of action. II – 180 (one hundred and eighty) days after the publication of the notification in the Federal Official Gazette [Diário Oficial da União], in the absence of a CNTur decision, within that period; III – 360 (three hundred and sixty) days after the publication of the notification in the Official Gazette of the Union, if the declaration of a Special Area or Place of Tourist Interest has not been made until then”. Following the occurrence of one of these conditions, the responsibility of the owners for the integrity of the assets encompassed in the physical space analysed will be disregarded, returning to the status quo ante .