Sustainable Tourism Law

LEGAL PROTECTION OF SUSTAINABLE TOURISM IN BRAZIL 415 We have not understood the exegesis of item I, whose reading leads to the conclusion that the establishment of places of tourist interest implies the existence of assets not yet legally protected. In contrary, if applicable, if the location is already well protected, the declaration of tourist interest will not occur, an apparent conclusion that succumbs if put under a more far-reaching interpretation. In fact, it is relevant to note the distinction between arts. 3 rd and 4th , the former setting forth plans and projects of tourist development, for Special Areas of Tourist Interest, and the latter detailing specific projects, for Places of Tourist Interest. In other words, establishing an area presupposes an indication of guidelines and recommendations for the use of the territorial area, while declaring a location requires an executive project, with a description of activities, providing for the implementation and establishing deadlines. Herein lies the distinction among areas and places of tourist interest, hence it is implicit in their respective concepts the idea of greater and lesser territorial extent, as well as the express mention of juxtaposing themselves or not. The rt. 5 th of the law provides for the participation of various governmental agencies and entities for its execution, in addition to Embratur, regulated by art. 2 nd of Decree n.º. 86.176, of July 6 th of 1981, which sets forth the following: “It is the responsibility of the Ministry of Industry and Commerce, through the Brazilian Tourism Company – Embratur, to coordinate the activities related to the execution of this Decree, which will be developed mainly by... (following the list of indicated agencies and entities)”. Therefore, EMBRATUR, currently the Ministry of Tourism, was responsible for recruiting the collaboration of these agencies in favour of the desired tourist use of the area or place. The original characteristics guarantee they are subject to a special legal regime. Once the areas and places of tourist interest are established, they should be subject to a permanently updated inventory that also includes cultural and natural assets protected by specific legislation. As these assets are inventoried by the competent agencies, the above mentioned inventory is to be understood as that of assets that will be used for tourism, which is inferred from the previously transcribed paragraph 1 st of art. 6 th .