THE JUDICIALIZATION OF MUNICIPAL PUBLIC POLICIES AND THE DECHARACTERIZATION OF THE AREA OF PROTECTION OF THE CULTURAL ENVIRONMENT (APAC) IN JUDICIAL DECISIONS

Abstract

The article aims to analyze how the judicialization of the Municipal Public Policy called Area of Protection of the Cultural Environment (APAC), without the in-depth technical analysis of the legal institute, can interfere in the elaboration of judicial decisions that are out of balance with the real content of creating the urban environment. From the verification of the jurisdictional behavior presented in cases of the Attorney General's Office of the Municipality of Rio de Janeiro - PGM-RJ that deal with the subject, It is possible to conclude that the replicated and analogous procedural application of the legal concept known as heritage listing to cultural sites causes an excessive burden on the municipal entity, these being the motivations of the very temporal undefinition of the demand. Thus, using quantitative-qualitative methodology, which analyzes articles, legislation and statistical data related to the study of procedural aspects of APAC in the PGM-RJ,  this article seeks to reflect on the challenge of building a new coherent interpretation for the institute, recognizing that, although insufficient to the correct interpretation of the Cultural Environment, advances in the procedural process can already be verified, regarding the dissociation of the institute from the tombamento and the autonomy of APAC.