A função social da propriedade cultural: um estudo sobre o caso "Palacete Fellet"

Abstract

The cultural property is ownership by everyone and it must be guarantee for the contemplation of the present and the future generation. For this reason, the owners of the declared cultural value property must support the onus of conservation, doing a compatible use with public interest inherent to property. The legal institute that is warrantor of cultural property is the constitutional principle of social function of property, recognized as a fundamental right, therefore, immediate applicability rule. For effectuation of this right there are the administrative guardianship, result of the police power of State, and, the judicial guardianship that can be individual or collective, but always when it’s applied. Taking as the paradigm the property situated in the central region of Juiz de Fora callet “Palacete Fellet”, which has historical value declared by the city hall, suffer the abandon and depredation problems. In the end, there are conclusions about the institutes and instruments available in the law to protection and if they are efficient.