“Tombamento é a modalidade de intervenção na propriedade por meio da qual o Poder Público procura proteger o patrimônio cultural brasileiro. No tombamento, o Estado intervém na propriedade privada para proteger a memória nacional, protegendo bens de ordem histórica, artística, arqueológica, cultural, científica, turística e paisagística.”
“O ato de tombamento gera alguns relevantes efeitos no que concerne ao uso e à alienação do bem tombado. Efetivado o tombamento e o respectivo registro no Ofício de Registro de Imóveis respectivo, ficará vedado ao proprietário, ou ao titular de eventual direito de uso, destruir, demolir ou mutilar o bem tombado. Além disso, o proprietário somente poderá reparar, pintar ou restaurar o bem após a devida autorização do Poder Público.”
(…)
“Não há obrigatoriedade de o Poder Público indenizar o proprietário do imóvel no caso de tombamento. Somente se o proprietário comprovar que o ato de tombamento lhe causou prejuízo, o que não é a regra, é que fará jus à indenização.”
É possível que, depois do tombamento, o Poder Público, de ofício ou em razão de solicitação do proprietário ou de outro interessado, julgue ter desaparecido o fundamento que deu suporte ao ato. Reconhecida a ausência do fundamento, desaparece o motivo para a restrição ao uso da propriedade. O efeito será o desfazimento do ato, promovendo-se o cancelamento do ato de inscrição, fato também denominado de “destombamento”.
Fabiana Maria Cavalcante Soares Nogueira – Requisição e Tombamento.
FGV (2009):
QUESTÃO CERTA: Para melhor proteger o patrimônio histórico do Município Alfa, que contava com construção ornada com pinturas de importante pintor nascido na localidade, o Prefeito foi informado de que a medida mais adequada seria o tombamento. Um assessor próximo ao Chefe do Executivo, porém, afirmou que a medida seria inadequada, pois:
(a) tem vigência temporária;
(b) precisa ser renovada a cada alienação do imóvel;
(c) sempre exige prévia indenização e
(d) pode ser cancelada.
À luz da ordem jurídica vigente, o assessor somente está certo em relação à (s) observação (ões): (d).
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