A organização jurídico-administrativa do patrimônio cultural MAESA (Caxias do Sul/RS) na perspectiva do comum urbano

Abstract

The research theme is the legal protection of Brazilian cultural heritage, an integral part of the ecologically balanced environment, considered a common good for the people. The investigation is limited to the study of legal solutions for the administrative organization for the governance of the MAESA cultural heritage, in Caxias do Sul - RS, based on the theoretical framework of the common and the category "urban common". The general objective is to verify to what extent the theoretical paradigm of the urban common can contribute to the establishment of a legal regime for the protection and governance of the MAESA cultural heritage, in Caxias do Sul - RS. The specific objectives are a) to evaluate the legal protection of urban cultural heritage at the international and national levels; b) to examine the convergences between the different theoretical meanings of the common; c) to analyze the theoretical contribution of the common to the urban context; d) to evaluate the possible theoretical contributions of the urban common to the legal regime for the administrative organization for the management of the MAESA cultural heritage, in Caxias do Sul - RS. The adopted methodology is based on the hypothetical-deductive approach method, adapted to the applied social sciences. Furthermore, the monographic procedure method was used, since the aim is to analyze the object in depth, in all its aspects. The research is applied in nature and uses the case study procedure, in a qualitative approach, of a descriptive-explanatory nature, since it is concerned with identifying the factors that determine or contribute to the occurrence of the phenomenon. Regarding the data collection technique and instrument, it was carried out through bibliographic research and analysis of sources, such as international and national documents, legislation and jurisprudence and doctrine related to the topic. As a result, it was obtained that the perspective of the common can contribute to understanding how the governance of goods occurs, beyond a strictly legal and immutable classification, based on the public-State versus private-individual dichotomy, which is only linked to the owner of the good. In addition, it was found that the urban common is not a single theory, which is why an operational approach was proposed. At a higher hierarchical level is the concept of urban common (1), conceived in the singular and which can be interpreted as a kind of lens, which is placed to observe the urban context, which encompasses multiple theories and approaches. The study can be carried out from two perspectives: city as a common (1.1) and urban commons (1.2), the latter divided into three elements: urban common resource (a); commoning or institution (b) and commoners (c). The following principles of governance of urban common resources were elected: urban collective governance (1), facilitating State (2), social and economic grouping (3), experimentalism (4) and common ideal (5). Regarding MAESA, it was concluded that the current legal-administrative organization of the MAESA cultural heritage, in Caxias do Sul - RS, is partially in line with the ideals of the theoretical paradigm of the urban common. [resumo fornecido pelo autor]