By Agrim. Eduardo Aguirre Madariaga
The City of Resistencia is known nationally and internationally as the City of Sculptures, its streets, squares and promenades house around four hundred sculptures by national and international artists, who went on to swell the Cultural Heritage of the City, forming a large open-air museum .
The City of Resistencia is known nationally and internationally as the City of Sculptures, its streets, squares and promenades house around four hundred sculptures by national and international artists, who went on to swell the Cultural Heritage of the City, forming a large open-air museum . Part of this museum is the Sculpture Park, the place where the four towers of the Judiciary will rise. This Park has the particularity of bringing together hundreds of people, especially on weekends, which is when the Artisans Fair operates at the entrance to the Santa Fe Railway Station. This fair is sponsored by the Subsecretariat of Culture of the Province, so that local artisans have a place to exhibit their handicrafts, and local artists have a forum for expression.
Families and groups of friends use the place for meeting and recreation, in that place the citizens, culture and landscape coexist harmoniously, becoming a symbol of the city.
This young city in its development has not respected the physical support or the local landscape, considering as a symbol of progress filling in gaps, advancing on rivers and covering the green with pavement and buildings. The result of this policy is suffered today by all citizens who must pay millionaire sums in defense works, drainage, restitution of lake spaces, etc .; that will only be palliative and will partially solve the problems. In short, we have built over the years a water-dependent city with few public green spaces.
The Sculpture Park has been adopted by the inhabitants of the city as a place for encounters, walks and recreation, so it has a collective significance that makes it a public space, that is, it is accessible to each and every one of its residents. inhabitants, is to assume that public space is a manifestation of urban culture and that it results from its history and that it is imprinted on that space and its architecture, and that this history gives our actions today the rank of future history.
"Destroying symbols is destroying identity" (Mempo Giardinelli)
The conception of the urban must be enriched and overcome the visions that fragment it. The city is not the sum of all that is visible, it is not simply exhausted in the physical structures or in the functional systems that make it up; the city is a multi-faceted scene: of tangible and intangible substances, where spaces and buildings are assimilated and enhanced.
In the preliminary draft of the General Directorate of Logistics, Department of Studies, Projects and Works of the Judicial Power, the effort and goodwill of the designer to rescue some elements of the Park is noted, but here there are no euphemisms, there are no affinities or potentialities between the current use and the one intended, if a force prevails that will inevitably fall into a drill.
It must be made clear that the ownership of the Domain is not questioned, which is effectively held by the Superior Court of Justice of the Province of Chaco that acquired the property in 1989, when by Resolution of the Municipal Council No. 003 it granted the sale the Mz de la Cha. 191 to the Superior Tribnal, destined to the construction of its dependencies. If it is important to stop at the following detail; Three years before the purchase, in 1986, by Resolution of the Ministry of Education and Justice of the Nation No. 549, ratified by Executive Decree, the Resistance Station of the Ex-Santa Fe Railroad is declared a Historic Monument, located on the limited property by Av. Sarmiento, Av. Laprida and Calle Sargento Cabral. It is assumed that the acquisition was made in full knowledge of the restrictions imposed by Res. 549. However, the defendant gets the National Commission of Museums, Monuments and Historic Places to approve, as an exception, the new scheduled works, in January 2004. We consider that said authorization should be reviewed because: a) it was processed directly in Buenos Aires without giving participation of the local representative that the Province has before said Commission.
b) Said authorization expressly states "The collegiate body resolved to approve, as an exception, the new programmed works, to the extent that visual buffering spaces and recovery of other elements of the immediate surroundings of the monument are generated, for which the National Commission shall agree on the corresponding agreements with the competent jurisdictional bodies ".
We consider that it is contradicted, it is in violation or it is not understood why: was not the entire property declared a monument?
Reality shows that there is no clarity in the procedure, regardless of this circumstance, no one can authorize damage to the Heritage of a city, in this case the Sculpture Park.
Furthermore, the right of ownership cannot be conceived as an absolute right, in the sense of unconditional and unlimited, but rather according to its essentially social nature.
All rights have their legal and practical content limited by the laws that regulate their exercise, including that of enjoying and disposing of their property, as established in our National Constitution in article 14.
The Supreme Court has declared in the case Ercolano versus Lanteri von Renshaw that ‘An unlimited right would be an antisocial conception, the regulation or limitation of the exercise of individual rights is a necessity derived from social coexistence. To regulate a right is to limit it, it is to make it compatible with the rights of others within the community and with the superior interests of the latter. '
The extension of the domain right, taking into account the legal limitations, must be established not only with reference to Civil Law, but also, and especially in relation to Administrative Law. The art. 2611 of the Civil Code regulates: 'The restrictions imposed on the domain in the sole public interest are governed by Administrative Law.'
Public interest is one that belongs to the entire community, to the social group. Urban law is a special part of Administrative Law, it establishes limitations to the right of ownership to achieve an ordering of the use, enjoyment and disposition of real estate in order to achieve the construction of a harmonious city, the decongestion of its critical sectors , the preservation of urban aesthetics.
As regulated by the Civil Code in its article 2611, Urban Law is Administrative Law.
The traditional doctrine, reduced to the generality of Administrative Law treaties and works, contains few references to the issues of urban planning, and refers to the study of related figures, to the general chapter on domain limitations, the legal figure that summarizes Most urban planning techniques are administrative restriction, but it is not the only one. Administrative easements and expropriation are also legal instruments of urban planning. At present it is impossible to analyze and provide adequate legal solutions to the vast field of urban development using only the analysis of the administrative limitations to the domain, but it is also necessary to resort to the analysis of specific figures and principles.
Urban Law accompanies the city in its different moments, safeguarding its specific interests and the rights of its inhabitants.
Preserves the natural elements, the cultural, monumental and architectural heritage. It protects the relics and cultural, natural and scenic riches of the city, through provisions that prevent their destruction or modification with an adequate system of sanctions for violations.
* Agrim. Eduardo Aguirre Madariaga