Breve estudo sobre a natureza jurídica do tombamento

Abstract

Tombamento (a sort of governamental heritage trust) is a legal, Constitution based procedure used in order to preserve cultural goods which compose Brazil´s cultural heritage. Its origin remains back to the first quartel of 20th XX Century . There are several doctrinal streams which justify the legal nature of tombamento, from one that considers it as a administrative servitude, either an sui generis institue, as State´s domain or as a administrative limitation to Property Right. The administrative limitation understanding of Property Right seems to be the most acceptable, as it conforms itself with the Constitutional principle of propriety´s social function. Accordinily, its owner should atain in behalf of its faculties to the prevail of colective interest, outside of any further indenization.