Standardization in Archeology for Territorial
Cadaster Purposes
Guilherme Butter Scofano*, Francisco Henrique de Oliveira*, Sonia
Elisete Rampazzo**, Mariane Alves Dal Santo*
* Universidade do Estado de Santa Catarina – UDESC
Programa de Pós-Graduação em Planejamento Territorial e
Desenvolvimento Socioambiental/Laboratório de Geoprocessamento GeoLab
** Universidade do Sul de Santa Catarina (UNISUL)
Abstract
This scientific paper is about the relationship between cartography and the
Brazilian archeology, mainly in its institutional aspects, and aims to contribute to the debate about the need for standardization of cartographic
products and the data generated by geotechnologies, as regards the representation and registration of archaeological sites. From this bias, the research identifies the need of compatibility between the cadastral management systems developed by IPHAN and those developed by the municipal
bodies of urban management. Both systems rely on the integration of descriptive textual data and geospatial information, generated by inventorial
and cartographic surveys. The results obtained were the proposition of an
archaeological cadastral system based on legal premises of the Multipurpose Territorial Cadaster (MTC) and the territorial demarcation techniques
defined by the Brazilian National Standards Organization (ABNT).
Keywords: Multipurpose Territorial Cadaster; Archaeology; Cartographic
Standardization.
1. Introduction
In Brazil, it is recent the adoption, by government bodies, of technical
standards for the generation and sharing of geospatial data. Sectors of most
representativeness, such as the environmental, mining and politicalterritorial have consistent georeferenced databases, which are open to the
public and cover a wide range of subjects.
In the cultivation sector, however, the same scenario is not verified. Although the sector works with information and references directly linked to
the issue of spatiality, the geographic products officially adopted as a government strategic management tools are scarce. In the archeology field,
linked to the culture sector in Brazil, the deficiency is evidenced in the
treatment of material patrimony, consisting of archaeological sites distributed throughout the national territory.
The absence of geospatial products hampers the archaeological patrimony
management routines which involve the supervision and monitoring of excavations, research and potentially harmful works to the sites and prehistoric materials. The lack of geographic data also compromises the dialogue
between the institutions responsible for the archaeological properties and
the civil society, in their economic and legal aspects.
The evolution of the archaeological data treatment in Brazil depends, invariably, on the insertion of land registry techniques, aimed at standardization
of registration procedures and sharing of spatial information. In this sense,
it is emphasized the possibility of inserting the archaeological theme to the
practices of Multipurpose Territorial Cadaster (MTC) as a strategy for integration between municipal and federal agencies.
The research developed seeks to correlate the archaeological issue in Brazil
and the intrinsic precepts to MTC, in order to suggest a model of spatial
data generation and sharing, based on the concept of "cadastre parcel of
archaeological content”.
2. The Archaeological Issue in Brazil
2.1 Legal Aspects
The Brazil Federal Constitution of 1988, through its article 216, defines the
existing archaeological sites in Brazil as elements belonging to the national
cultural patrimony,''bearers of reference to the identity, to the action, to the
memory of the different groups of Brazilian society''. The same document
requires the public administration to be responsible for managing the official documentary products related to the archaeological patrimony, as well
as the duty to apply penalties to those who cause harm and threats to assets.
The Magna Carta explains in an indelible way the importance of the archaeological patrimony for the identity construction process of the national territory groups. However, the archaeological theme is covered in two others
documents previous to the 1980 decade.
The first one refers to the Decree - Law Nº 25, of November 30th, 1937. The
decree, in its article 1, considers as cultural patrimony the assets of exceptional archaeological value, "whose conservation is in the public interest”.
The decree also provides the creation of a Book, where items of archaeological nature must be registered, along with the categories of ethnographic
and landscape assets. Once registered in the Book, the property inscribed
shall be protected by the Government, so that any actions that lead to
changes in the asset must be previously authorized by the responsible agencies.
The second document previous to the Federal Constitution is shown as the
main Brazilian law aimed at archaeological theme. Dubbed as Archaeology
Law, the Law Nº 3.924 of July 26, 1961, primarily deals with issues relating
to the protection and management of the Brazilian archaeological patrimony.
The law defines that all archaeological asset (Figure 1) identified in the Brazilian territory should remain under guard of the Union, and the Federal
Government is responsible to control the forms of exploitation, research
and preservation of the archaeological sites locations. The document links
the regency of the assets management procedures to the already extinct
Board of National Historical and Artistic Patrimony, which currently receives the nickname of National Historical and Artistic Patrimony Institute
(IPHAN).
Figure 1: Archaeological asset “sambaqui type” surrounding by urban area.
Source: GRUPEP/Arqueologia (2012)
Also according to the Archaeology Law, the Government is responsible for
maintaining a record of existing archaeological sites throughout the country, in which information concerning each of the identified materials sets
should be recorded. In addition, the law provides that, in the event of the
discovery of archaeological assets in a particular property, the property
owner is required to ensure the conservation of the identified asset, until
the Public Power manifests.
It occurs that, after more than 50 years since the law was created, few legal
advances were conquered. Although, during this period, the IPHAN has
issued decrees with guidelines for the achievement of researches1 and
linked the archaeological theme to environmental licensing processes2, the
legal regulation to generate the record of material assets remained neglected.
The following topic details the current situation of the cadastral system of
Brazilian archaeological patrimony, concerning cartographic aspects and
descriptive data.
2.2 Cadastral aspects
Given the determinations of the Archaeology Law, the IPHAN maintains
the so-called National Register of Archaeological Sites (CNSA), in which are
registered just over 21,000 archaeological sites, spread across all Brazilian
States. The registration, which is open to the society through the IPHAN 3
virtual portal, offers registration forms relating to their respective archaeological sites.
The registration forms follow a model developed by IPHAN, and are filled
by the archaeologists responsible for recording the identified sites. The filling, however, does not occur with the desired level of detail, in a way that
the forms are inserted into the cadastral system with practically no information. It is often to be provided only the site identifier code and your city
1
Portaria IPHAN nº 07, December 1, 1988.
2 Portaria IPHAN nº 230, December 17, 2002.
3
http://portal.iphan.gov.br/portal/montaPaginaSGPA.do
of origin, without further elaboration on the characteristics of the registered
asset.
If the set of archaeological sites registration forms contains serious shortcomings, the situation is aggravated when the cartographic question is analyzed. The institute does not provide or mentions, in its virtual portal, spatial data representing the Brazilian archaeological sites, and that are accessible to the community.
The institute does not have a national rule that defines the minimum requirements for the delivery of cartographic products by archeology professionals, in charge of spatial record of the researched archaeological assets.
What is possible to verify are specific actions, performed by technicians of
some States IPHAN’s Superintendences, in order to establish technical requirements mapping of the sites, consistent with the officially established
cartographic standards. These actions, however, do not guarantee the production of a quality spatial data throughout Brazil, but only for the States
where IPHAN's superintendences define a minimum technical regulation.
Despite the critical context described, it is emphasized that the Institute has
been working for the improvement of its database, by creating the so-called
Knowledge and Management Integrated System (SICG). The system's access has not yet been granted to the public, but academic articles4 and lectures given by professionals of IPHAN5 report that the system will have a
module for geographical information processing via internet, allowing the
integration and standardization of georeferenced spatial files.
2.3 Socioeconomic aspects
The consequences of the deficiency in the Brazilian archaeological cadastral
system are proven in different sectors of public administration, especially in
the context of municipal governance. Without proper identification of the
(geo)location of archaeological sites, the city expands on areas of prohibitive occupation. The Figure 2 illustrates the abovementioned; it shows a
house built on a hill of shells formed by human occupation of shellmound
type in the municipality of Laguna, State of Santa Catarina.
4
(Da Guia et al. 2015).
Lectures given 12/109/2014, during the event “Geotecnologias na Gestão Pública –
Meeting 2014”. Available on link: <https://www.youtube.com/watch?v=_eHWfo2mYU&feature=youtu.be>.
5
Figure 2: Construction above the archaeological site shellmound type.
Source: IPHAN SC (2012)
Aside from the physical damage to property, which reaches irremediably
the identity construction elements of the population itself, the unfamiliarity
towards the archaeological patrimony has effects on the processes of income generation by municipal governments. Tax calculations on the land,
such as the Urban Land and Building Tax (IPTU), the Rural Land Tax (ITR)
and the Tax on Property Transmission (ITBI) are developed based on the
opportunities of occupation of each property. Given the identification of
archaeological sites, the occupancy rates are reviewed, reflecting on the
amounts collected by the city.
There are other aspects affected, in a major or minor extent, by the absence
of archaeological records. The changes of architectural standards, or even
the embargo of construction projects due to insufficient archaeological
studies, variations of municipal real estate’s dynamics, or difficulties in
formulating politics that encourage tourism and patrimony education are
examples of damages caused directly or indirectly by deficiencies in the
management of archaeological assets.
If the archaeological question is felt more clearly in the municipal scale, it is
based on it that we propose the methods for improvement of the Brazilian
archaeological cadastral model. The following topic discusses the Multipurpose Territorial Cadastre, whose technical regulations suits to demands
from the cultural patrimony departments.
3. The Multipurpose Territorial Cadastre in Brazil
3.1 Conceptualization
The Brazilian Multipurpose Territorial Cadastre is defined by Erba et al.
(2005, page 18) as "a systematic public registry of property from one jurisdiction contemplated in its three fundamental aspects: The legal, the geometric and economic”. Formalized in the country through Ordinance Nº.
511, of December 7th, 2009, the MTC is intended primarily to the Brazilian
municipalities, and has the minimum territorial unit called the "cadastral
parcel”.
According to Article 2 of the same document, the cadastral parcel is "defined as an adjacent part of the land’s surface with singular legal regime",
from which is possible to model the other territorial units of a city, as lots,
plots and public roads, and others. To ensure proper identification and individualization of parcels, each unit shall be provided at the time of your
registration, with a single and stable code, from which the descriptive data
entered into the database maintained by municipal organs are linked. These
descriptive data contains varied textual information, relating to the physical
characteristics of the parcel, to the control points adopted for its measurement, to the forms of land use and the owner data.
In addition to the descriptive information, the MTC also has the spatial representation of the references used for the field survey, as well as the polygon
formed by the cadastral parcel registered. Figure 2, taken from Hasenack
(2013), shows a field survey, where is referenced the necessary elements to
identify a real estate.
Figure 2 - Example of cadastral survey
Source: Hasenack (2013)
The set of spatial data from a city originates to the so called “Cadastral
Map”, which compiles the products from the entire mapping collection performed in the city.
The multipurpose character assigned to the parcelling registration is due to
the possibilities of the data generated to suit different users and different
purposes. Since each cadastral parcel is assigned to a legal system and a
specific form of land use, the access to the database of a municipal MTC
allows you to perform several spatial analyses, encompassing legal, economic, environmental and social issues, and others.
3.2 Technical Parameters
The effective application of the MTC principles depends on the execution of
technical procedures focused on cartographic representation and on the
descriptive record of the parcelling registered elements. Therefore, the Ordinance Nº. 511/09 provides that the geometric survey of the parcels should
be referenced by the so-called Brazilian Geodetic System, and supported by
the network of local landmarks maintained by municipal governments.
In addition, the ordinance establishes that the cartography produced for
record purposes shall obey the standards set by the National Spatial Data
Infrastructure (Infraestrutura Nacional de Dados Espaciais - INDE), and
the rules of the National Commission of Cartography (Comissão Nacional
de Cartografia - CONCAR). Thus, it is expected that all cartographic record
designed to parcelling representation respects the same performance criteria, enabling the consolidation of the MTC in all Brazilian territory.
Among the technical guidance, it is given the obligatory generation of surveys based on topographic procedures, whose parameters are set by the
Brazilian Association of Technical Standards (Associação Brasileira de
Normas Técnicas - ABNT). Among the standards developed by ABNT, it is
highlighted the documents NBR 13133 and the NBR 14166, that conceptualize and describe each necessary step to Cadastral Land Parcelling survey,
and provides convenient technical indexes to every terrain measurement
mode.
The contribution of technical standards for the creation of legal instruments
aimed at specific segments of the land register is emphasized. The main
example comes from the National Institute for Colonization and Agrarian
Reform (do Instituto Nacional de Colonização e Reforma Agrária - INCRA),
responsible for Ordinance nº. 578/2010, and which approves the Technical
Standard for Rural Property Georeferencing. The rule has specific methods
and technical indexes for demarcation and registration of agricultural prop-
erties, which preserve the stipulated criteria of the MTC by Ordinance
511/09.
Assuming the possibility of adequacy of technical standards that support
the MTC to different cadastral contexts, it is presented in the next section, a
proposal for a cadastral model focused on the record of archaeological sites.
The proposal aims to suggest a system capable of integrating the developer’s agents and consumers of cartographic and descriptive materials of archaeological content.
3.3 Territorial Registration of Archaeological Content Parcels
Considering the cadastral parcel as the basic unit of territorial organization,
and considering the importance, in different institutional scales, of identifying and custody of the archeological occurrence sites, the inclusion of the
archaeological record to the methodological model of MTC is interpreted as
an integration process between the federal and local agents.
Therefore, it is necessary that the registration of the sites follows the parcelling precepts prescribed by law. So, we suggest, in the logical of MTC cadastre, the demarcation of what we call "archaeological content portion”. This
territorial category would apply to an area of different legal regime, occupied by archaeological sites or located in the immediate surroundings of a
site.
In order to identify a portion of archaeological content, it would be necessary to prove the occurrence of at least one of the following elements:




Archeological site fully inserted on a property;
Archeological site partially inserted on a property;
Archeological site's surrounding area fully inserted on a property; or
Archeological site's surrounding area partially inserted on a property.
The categories are illustrated in Figure 3.
Figure 3 - Categories of archaeological content plots
Source: Scofano (2013)
Once confirmed the archaeological occurrence, the demarcated portion
would count with the tutelage of the Union, so that the forms of exploitation
and the tax calculations for the defined area would be revised. With the
Land Parcelling registration of the entire city, the Registration Letter
(Deed), which production is obligatory for cities adherent to the MTC,
would present the delimitation of all archaeological set identified inside the
municipal territory.
The process of generation and availability of registration data, however,
must follow a well-directed flow, which determines clearly each one of the
production stages, validation and data transfer.
It is necessary, at first, that the archaeological site discovered is delimited
on the basis of surveying procedures regulated by the Brazilian Technical
Standards and adapted to the necessary particularities for the preservation
of materials deposited on the ground. The site should have its characteristics described by an archeology professional. The descriptive document
must include the physical landmarks deployed to demarcate the parcel, of
coordinates measured by enabled geometers.
In the next step, the developed products must be forwarded by the archaeologist to the IPHAN, in charge of the site's official registration in the federal system. The official information are transferred posteriorly to the municipality, which is responsible for the registration of the parcel of archaeological content. Finally, the data referring to the municipal Land Parcelling records are sent by the city to the IPHAN, so that both institutions share the
same cartographic and descriptive documents.
Steps necessary for publicizing geospatial data with archaeological content
•
•
IPHAN
Homologation data
Site of registration
Transfer
data
•
•
•
•
Publicity of the
data
Entering
information in
IPHAN
database
Archaeologist
Recognition of the site
Surveying of the site and
surroundings
Generate of spatial data
Generate data attributes
Transfer of the
Site Cadastre
Data
•
•
City Hall
Homologation data
Parcel Cadastre
Entering information in the
municipal database
Figure 4 - Necessary stages to publishing geospatial data of archaeological content. Source: Scofano (2013)
With the recording of archaeological content parcels, the municipalities are
able to not only spatially delimit the areas of occurrence of the sites, but to
identify the owners of the property where archaeological assets are located,
assisting in supervision actions and legal protection to the local cultural
patrimony.
At a federal level, the assimilation of the concept of share of archaeological
content as an official instrument of territorial demarcation warrants to the
IPHAN the subsidies to require the archaeologists and municipalities to
generate cartographic and descriptive products within a standardized registration system and appropriate to the Brazilian technical standards. It also
allows the generation of a database covering the whole country, and its information can be available through virtual platforms open to society.
Publicity of the
data
4. Conclusion
Although Brazil has serious shortcomings in its archaeological patrimony
protection model, it is highlighted the possibility of improvement from the
incorporation of technical and methodological procedures arising from the
Multipurpose Territorial Cadastre. On the other hand, the MTC, recently
incorporated into the Brazilian legal reality, does not contemplate the archaeological matter in a clearly way, therefore, it becomes responsibility of
agents for the assets management, especially the IPHAN and local governments, the task of matching the logic of MTC to the demands of cartographic and descriptive record of prehistoric material assets.
In our interpretation, the preservation of the archaeological patrimony in
Brazil depends on the consolidation of a system that integrates the Union,
cities, archaeologists and geometers. Based on the concept of the cadastral
parcel of archaeological content, the system must be focused to the territorial demarcation, generation of cartographic and descriptive content, sharing and standardization of data, and availability of information to civil society.
5. Acknowledgement
The authors express the acknowledge to the Grupo de Pesquisa em
Educação Patrimonial e Arqueologia/ GRUPEP - UNISUL; Instituto do
Patrimônio Histórico e Artístico Nacional/Santa Catarina State IPHAN/SC; Laguna City Hall, and Laboratório de Geoprocessamento da
Universidade do Estado de Santa Catarina (GEOLAB/UDESC).
References
Associação Brasileira de Normas Técnicas (1994) NBR 13133: Execução do
levantamento topográfico - Procedimento. Rio de Janeiro/RJ.
Associação Brasileira de Normas Técnicas (1994) NBR 14166: Rede de Referência
Cadastral Municipal – Procedimento. Rio de Janeiro/RJ.
Brasil (1988) Constituição da República Federativa do Brasil de 1988. Brasília/DF.
Brasil (1937) Decreto-Lei nº25. Organiza a proteção do Patrimônio Histórico e
Artístico Nacional. Rio de Janeiro/RJ.
Brasil (1961) Lei Nº 3.924, de 26 de julho de 1961. Dispõe sobre os monumentos
arqueológicos e pré-históricos. Brasília/DF.
Brasil (2009) Portaria Ministerial Nº 511, de 07 de dezembro de 2009. Diretrizes
para a criação, instituição e atualização do Cadastro Territorial Multifinalitário
(CTM) nos municípios brasileiros. Brasília/DF.
Da Guia G (2015). Automação no cadastro, normatização, tombamento e
fiscalização do patrimônio cultural. São Paulo/SP.
Erba, Diogo Alfonso; Oliveira, Fabricio Leal de; Junior, Pedro de Novais Lima
(2005) Cadastro multifinalitário como instrumento da política fiscal e urbana.
Rio de Janeiro/RJ.
INCRA (2010) Portaria Nº 578, de 16 de setembro de 2010. Aprova a revisão da 2ª
Edição da Norma Técnica para Georreferenciamento de Imóveis Rurais.
Brasília/DF.
IPHAN (1988) Portaria Nº 07, de 01 de dezembro de 1988. Brasília/DF.
IPHAN (2002) Portaria Nº 230, de 17 de dezembro de 2002. Brasília/DF.
Hasenack M (2013)
Florianópolis/SC.
A
percepção
da
cartografia
cadastral
no
Brasil.
Imhof E (1965) Kartographische Geländedarstellung. De Gruyter, Berlin.
Scofano G (2013) Contribuições do Cadastro Territorial Multifinalitário à gestão de
sítios arqueológicos. Florianópolis/SC.