Parques públicos em área turística, forma jurídica e função social: estudo de caso Parque do Palácio (Canela/RS)

Abstract

The theme of this research is to analyze the legal modalities applicable as solution to keep public parks in operation in tourist areas, reaching the fulfillment of the social function. This is a case study on what happens to the Parque do Palácio located in Canela/RS due to its closing to the public in 2015 under the justification of lack of financial resources for its maintenance. The content disposition was divided into three main blocks: the first is dedicated to analyzing the Parque do Palácio through the historical, social, political and legal prism, providing such analysis to the future understanding of the possibilities of use and forms maintenance of the Parque do Palácio suggested at the end. Such suggestions are supported by the second main point, which deals with the insertion of Parque do Palácio to serve the social function, followed by the third and final point that presents an evaluative debate between the legal modalities considered capable of solving the problem presented, exploring advantages and disadvantages of each one, in order to, at the end, present a conclusion linked to this structure. The legal context of framing public parks is analyzed, what is its classification as a type of property and, finally, what is the most adequate legal modality to achieve its expected social function. Three legal models that were considered capable of solving the issue are visited: a) collective use through zoning that so determines; b) conversion of the space into an area of special tourist interest; or c) a transformation that would take it to the status of a Park, as defined by Law n. 9.985/00, that regulates art. 225, § 1, items I, II, III and VII, of the Brazilian Federal Constitution of 1988, establishing the National System of Nature Conservation Units. The research uses the inductive/investigative method from an example (case), through the deductive method of learning: exploratory, descriptive and explanatory because it particularizes conclusions, with a qualitative approach and procedure or technique of documentary bibliographic research. As for the purpose, it is applied research, as it is aimed at answering the problems raised by capturing the essential aspects that involve the proposed context. The investigation is linked to the research line "Environmental Law, Public Policies and Socio-Economic Developmen" for studying different existing legal frameworks, applicable as possible solutions to the problem under development. The study is justified in view of its legal relevance, being a controversial issue that involves a question of competence, ownership of the public good, political and social issues and also the academic insertion in the municipal community provided by a case study.