Mandado de segurança como instrumento para a desconstituição de ato administrativo de tombamento: análise do caso concreto do Ideal Clube em Fortaleza/CE

Abstract

The present work examines the legal institute of tipping as a form of restrictive state intervention in private property necessary for the preservation of Brazilian cultural heritage. It is introduced the concept and characteristics of the institute, its constitutional and legal forecast and also the administrative process necessary for its enforcement. The writ of mandamus is addressed as the procedural for the dissolution of illegal administrative act of tipping, presenting the jurisprudential controversy regarding the appropriateness of this constitutional remedy in the face of the continuation of an administrative proceeding when the provisory act of tipping has expired. Finally, it is presented the case of the Ideal Club, in Fortaleza.