The Application of the 1972 UNESCO Convention on the Protection of the Cultural and Natural Heritage of Humanity by the STJ in Private Property Listed as Protected by the State

RESP nº 1791098/RJ analysis

Authors

DOI:

https://doi.org/10.14393/RFADIR-v49n1a2021-54330

Keywords:

cultural heritage, UNESCO, Protected Protepry

Abstract

The case concerns a public civil action filed by the Public Ministry of the State of Rio de Janeiro (MPE-RJ) against the owner of a property listed as protected property, and the State of Rio de Janeiro asking, jointly and severally to both parties in the defendant, the restoration of the property as well as compensation for damages caused. The listed property is part of the Architectural and Urban Development Complex at Rua Martins Ferreira e Adjacências, in the Botafogo neighborhood, in the city of Rio de Janeiro. The Court of Justice of Rio de Janeiro (TJ-RJ) ordered only the State of Rio de Janeiro to carry out the repair of the property as well as to pay the indemnity. On appeal to the Superior Court of Justice (STJ), the State of Rio de Janeiro claimed that the TJ-RJ did not assess the economic position or the absence of a statement by the defendant – in this case, the owner of the property. Based on this, the State of Rio de Janeiro defended that the decision of the TJ-RJ violated the Decree-Law of Listing (Decree-Law No. 25/1937), by ignoring the owner of the listed property, as he has primary responsibility for conservation of the good. Minister Herman Benjamin, rapporteur of the case at the STJ, welcomed the defense of the State of Rio de Janeiro and asserted that it is the owner's first duty to conserve and protect a listed property under his care and, if he does not have financial resources, he must make the communication state public authorities responsible for the protection of cultural heritage. His vote also highlighted that the State continues to have the obligation to preserve, identify and care for its cultural heritage, so that both parties (State and private owner, if any) have joint responsibility in this duty. The Superior Court group unanimously followed the rapporteur's position (STJ, 2019).

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Author Biography

Ivonei Souza Trindade, A Pari MUN - Instituto de Investigación y Debate en Derecho - Nuevo Chimbote, Peru

Professor Assessor de Direito Internacional dos Direitos Humanos no A Pari MUNInstituto de Investigación y Debate en Derecho (Nuevo Chimbote, Peru). Possui graduação em Direito pela Pontifícia Universidade Católica do Rio Grande do Sul (2013). Membro Associado da Société Québécoise de Droit International (2016 - atualmente). Advogado.

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Published

2021-09-07

How to Cite

Souza Trindade, I. (2021). The Application of the 1972 UNESCO Convention on the Protection of the Cultural and Natural Heritage of Humanity by the STJ in Private Property Listed as Protected by the State: RESP nº 1791098/RJ analysis. Journal of the Faculty of Law of the Federal University of Uberlândia, 49(1), 754–764. https://doi.org/10.14393/RFADIR-v49n1a2021-54330

Issue

Vol. 49 No. 1 (2021): Revista da Faculdade de Direito da Universidade Federal de Uberlândia

Section

Jurisprudence Analysis

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