Sustainable Tourism Law

416 SUSTAINABLE TOURISM LAW The fact is that declaring special areas, places and natural or cultural assets to be of tourist interest in order to regulate their non-predatory use, creates an innovation in the strict preservationist aim of the existing legislation protecting such heritage. Another fact is that the assets already protected by other laws may have tourist uses, besides the ones located in places declared of tourist interest and not protected by a specific law, are subject to the protection of Act n.º.6.513/1977 The distinction is that the assets protected in that way are inventoried individually, even in cases in which they are located in the areas and places of tourist interest, the apparent insight of arts. 1 st , 3 rd , 4 th and 6 th . The legislator would have stated as much, from our point of view, if he had more clearly explained the concepts of one and the other and the intended purpose of legal protection. According to type, we understand the goal to be to: a) carry out tourist development plans and projects for the special areas of tourist interest; b) carry out specific projects for the places of tourist interest; c) inventory the natural and cultural assets which, when protected by specific legislation, may be used for tourism; d define tourist uses compatible with these assets. The first two purposes are typical planning actions, of urban nature, aiming at the development of the economic sector through their regulation. The third purpose is administrative action, the last one is preparatory and also of urban nature, in the case of immovable property, or administrative, if it is movable property, but for economic purposes. What is certain is that, regardless of nature, the ultimate objective is to regulate the raw material that is the economic cycle of tourism, which integrates all the purposes indicated in the field of Economic Law. Furthermore, art. 7 th , of Act 6,513 / 1977, sets forth that research, studies and surveys will be carried out by Embratur, which will act motu proprio , or at the request of any interested party. As direct or indirect, federal, state or municipal administration bodies may do so, according to item II of the relevant article, it can be concluded that the expression “any interested party”, in item III, is addressed to the private sector.