A PROTEÇÃO DO PATRIMÔNIO CULTURAL E PARCERIAS PARA A RESTAURAÇÃO E REQUALIFICAÇÃO: um exame da (in) efetividade do arcabouço jurídico-normativo e análise de processos administrativos no âmbito da Universidade Federal do Maranhão

Abstract

Culture is intrinsically linked to human sociability. In this sense, the cultural elements present in heritage constitute a legacy of both material and immaterial manifestations. These elements, encompassing historical, artistic, archaeological, touristic, social, and other values, characterize the identity of a people, highlighting meanings and representativeness. To maintain this, various legal instruments have been established and regulated for its preservation, as seen in the Federal Constitution of 1988. However, there are still demands in this scenario regarding cultural preservation. Thus, a pressing question arises: Do the legal-normative framework and administrative processes adopted by the Federal University of Maranhão effectively preserve cultural heritage?To answer this question, the main objective of this work is to analyze administrative processes that aim to facilitate the preservation of historical-cultural spaces through partnerships between public authorities and private initiatives. This involves examining how the bureaucratic superstructure resulting from normative conformation, which aims to preserve material heritage, either facilitates or hinders the achievement of these objectives. Regarding specific, but equally important, objectives, the study seeks to identify and analyze legal instruments for managing and protecting cultural heritage; to conduct and systematize a detailed survey of the legal framework on the topic; and to understand the formation and flow of administrative processes. Methodologically, documentary research was conducted using procedural documents related to the refurbishment works of the old Santa Amélia Factory, process number 23115.004295/2010-76, and the old Progresso Factory, process number 23115003164/2013-20, which housed the State Press and Graphic Works Service (Sioge). This involved examining how public administration is acting and whether the legal apparatus has satisfactorily contributed to efficiently completing these actions, as one of the explicit principles of administrative law in the Federal Constitution of 1988 advocates. The results showed that identifying bureaucratic obstacles and properly diagnosing their causes to offer efficient mechanisms can eliminate or circumvent gaps in cultural heritage protection, potentially making the goals set by legislation feasible. In this context, it is crucial to identify problems where the wording of a normative text leaves gaps in its application, weakening its rationality and purpose, in order to propose practical feasibility in the protection of these assets.