Plano diretor como elemento de preservação do meio ambiente histórico cultural

Abstract

Given the social transformations that increasingly require the operator of a dynamic law, the domestic legal system found itself in the need to implement new procedural mechanisms which aimed to defend and guarantee the right to act those already guaranteed by Article 5, the XXXV CF/88, ensuring the possibility to submit to the Judiciary any injury or threat to the environment cultural history, in the face of what lay Articles 225, 215 and 216 of the Federal Constitution. However, although these mechanisms represents a major breakthrough for the legal parental rights, there is a need for other alternatives aimed at increasing access to justice in defense of protecting the heritage of the municipalities, of ever more efficient and democratic. It's a really challenging legal professionals. Approach, in the master plan of the municipalities, the guardianship to a cultural environment as well as its valuation hitherto unrecognized by acts of the Executive or the Legislature, describing who should be responsible for the preservation and the existing legislation ensures the preservation of the cultural heritage of the municipalities, presents itself as a challenge. That is, it is urgent, the Brazilian legal system, a new way to interpret and apply a protection to the environment historic cultural city, as well as search for other instruments such as building codes, the Code of postures, the Tax Code, Law the Installment Land in order to guarantee more effective protection. This security protection in order not to let fall by the wayside the story of a people as well as the dissipation of the memory of the previous generation should occur mainly at the local level, by determining the master plans of the cities and is therefore a public function .