A proteção do patrimônio cultural do Vale dos Vinhedos/RS e suas intersecções jurídicas urbanísticas com as normas de certificação da denominação de origem

Abstract

This dissertation is part of the Environmental Law and New Rights research line of the Postgraduate Law Program at the University of Caxias do Sul, as well as integrating the Sustainable Development Goals (SDGs), number 11 - Sustainable Cities and Communities, as its subject is Environmental and Urban Law. The aim of this work is to look at the rules governing the Certification of the Denomination of Origin of the Vale do Vinhedos and the legal regime governing the locality's cultural heritage, and to demonstrate whether an integrated approach is capable of qualifying the protective urban planning instruments that are in place and can be used there. With regard to the methodology employed, the analytical deductive method was used, with bibliographic analysis, which enabled the work to be constructed in three chapters: the first relates to cultural heritage, its origin and concepts, protection under the Federal Constitution, as well as what the Vale dos Vinhedos is, what heritage it has and the regulations in place. The second chapter studies deals with the concept of geographical indications and their origin, as well as their international relevance. It also looked at Brazilian geographical indications, how they are characterized and disseminated, as well as how industrial property is registered, until it came to the importance of geographical indications for wine products from the Serra Gaucha, especially the Vale dos Vinhedos Denomination of Origin. Finally, the chapter began by connecting the site's Denomination of Origin to the cultural heritage and the economic and tourist development of the area. This topic brought up issues related to the other two chapters, so that the urban planning guidelines listed in federal legislation could be applied to the cultural heritage of the Vale dos Vinhedos. In the last item, the urban planning legislation of the municipalities that are part of the D.O. was brought up, so that, in a comparative relationship, they could ally themselves and protect the cultural heritage of the municipalities, in a way that encompasses the DOVV. At the end of the study, the relationship between cultural heritage and geographical indication was understood, so that the application of exclusive urban planning rules and guidelines is necessary for the region to maintain its identity. [resumo fornecido pelo autor]