A tutela jurídica da paisagem urbana diante do fenômeno da turistificação

Abstract

This research analyzes the effectiveness of legal protection of the urban landscape in the face of the touristification of city spaces, approaching touristification as the appropriation of urban environments by tourism, highlighting its socio-spatial impact. The landscape is treated from its multifaceted perspective, resulting from the interaction of individuals and communities with their surroundings, based on their experiences and sensations. The research highlights the need to consolidate the understanding of landscape as an individual and diffuse right. The first chapter addresses the complexity of defining landscape, highlighting it as a product of human interaction, influencing perceptions and building identities. The second chapter analyzes the landscape as heritage and exercisable right, and the approach given to the topic in the Brazilian legal system. Conceptual imprecision stands out as a challenge in legislation. In the Brazilian legal context, the evolution of the 1988 Constitution is evident, recognizing the landscape as a usable right to be guaranteed. However, effective application faces challenges, demonstrating the need for normative consolidation, given that there is a multiplicity of legal provisions that cover the topic but that do not necessarily converge with each other. The European Landscape Convention is presented as a reference, promoting public participation in landscape management. The third chapter focuses on tourism, highlighting its phenomenal and interdisciplinary nature. It analyzes the interactions between tourism, social, cultural and spatial dimensions, highlighting the importance of an integrated approach. Touristification can result in positive or negative impacts on the urban landscape, emphasizing the need for inclusive and sustainable policies. The work concludes that the legal protection of the landscape must consider its dynamic, multidimensional and subjective nature, and through tourism, it must be used as a guide for the implementation of healthy public policies that promote tourism as a tool for socio-spatial development. It highlights the importance of involving communities in decisions about their visual surroundings and of understanding tourism as an instrument for social improvement and landscape preservation. It proposes a review of legal and normative interpretation to promote more balanced and sustainable policies.