Patrimônio arqueológico: um bem difuso - subsídios do direito ambiental brasileiro à participação das associações civis na promoção e proteção do patrimônio arqueológico / Archaeological heritage: a diffuse property - subsidies furnished in accordance with the Brazilian Enviromental Law to civilians associations participating in the development and the protection of the national archaeological heritage

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

This work is an accurate research on the participation of the Brazilian civil society in the promotion and defense of the country archaelogic site/wealth through associative entities. We seeked in the principles of the modern doctrine of the Environmental Law the premises that limit the possibilities of effecting this participation, noticing that the presence of the State is still strong and for this reason, the protection of the archaelogic site has been conceived as an exclusively State task. So, we proposed to put into practice a counterpoint to the jus-political system engaged to a public administration that besides being inefficient forgets the popular collaboration in the construction of the democratic processes. We call the attention to the fact that this participation is constitutionally sanctioned as a right and a duty of citizenship. Besides, we put in evidence the world-wide tendency to give a management feature to the contemporary public administrations, which allows a dialogue between State and civil society. We supported our reflection in the field of Brazilian constitutional Environmental Law by running over the literature that proposes the notion of difuse and collective interests as well as the literature that deals with civil society participatory institutes adjoining to the Public Administration, and the mechanisms that promote its access to the Judicial Power. We got to the conclusion that to the accomplishment of the principles of the Environmental Law it is crucial that the control and defense of the archaelogical site - which we consider a property of difuse feature - are made with the collaboration of civil entities organized in the moulds of the Third Sector.

ASSUNTO(S)

third sector direitos difusos e coletivos terceiro setor associações e fundações civis country archaelogic site civil association direito ambiental environmental law difuse and collective interests patrimônio arqueológico

ACESSO AO ARTIGO

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