O tombamento como forma de intervenção do Estado na propriedade privada

Abstract

Tipping is a form of State intervention in private property, which aims to protect the national historical and artistic heritage. The objective of this work is to approach the intervention of the State in the private property with the institute of the Tipping of goods, in order to guarantee the preservation of the cultural heritage. For this, the inductive method was used,with the literature review, through scientific articles, books, laws and jurisprudence, so that a more in-depth study can be made about the Tipping.With this study, it was observed that due to the Tipping, the powers inherent to the owner are partially restricted to, since he will be able to use and enjoy the good, but he has the obligation to preserve it, in addition to generating an obligation for the Public Power and to third parties. It was also observed that the Public Power can and must dispose of goods, but it has the duty to inspect and provide assistance to the owner for the maintenance of the property and its cultural characteristics.