About the phenomenon "graffiting" and about the using of public civil action in order to protest the diffuse interest to urban aesthetics

Abstract

The main motivation for this paper was the ever growing deplorable phenomenon of "pichação" (*) in the big urban centers, which not only pollute but also damage private and public properties. The focus of the analysis was on the "pichações" (*) of monuments and others public properties (buildings, churchs, squares). First, the aspect related to the terminology was discussed. Second, the reaction of the civil community and the "juridica intelligentzia" to this phenomenon was examined. Third, "pichação" (*) was characterized in his juridic interest, i.e., if it is a civil conduct or a ilicit penalty, being the latter a crime. Fourth, it was examined if it shall be a procedure irrelevant for the brasilian law. Following, it is examined the possibility of using the public civil action in order to protect the diffuse interest to urban aesthetics, threatened-damaged by "pichação" (*) Also, difficulties to identify the possible defendants are discussed. Concluding remarks are presented in the last section. (*) Graffits making dirty a monument or other public property.