15th INTERNATIONAL PLANNING HISTORY SOCIETY CONFERENCE

GUIDELINES FOR THE CONSERVATION OF THE CULTURAL HERITAGE BUILDING IN JUIZ DE FORA: THE CASE OF FREDERICO DE ASSIS’ RESIDENCE

AUTHOR NAME: PROFA. DRA. BRAGA, RAQUEL; ARCH. / PROF. M. SC. CAMPELLO, MAURO SANTORO; ACADEMIC ALBUQUERQUE, MATHEUS DE MELLO; ACADEMIC TAGLIATI, KELLY; ACADEMIC GRANJA, LAURA SANTOS; ACADEMIC ANTONUCCI, CAROLINA GOMES; ACADEMIC DE OLIVEIRA, LUCAS GABRIEL ALMEIDA; ACADEMIC GUIMARÃES, THOMAZ DE OLIVEIRA.

Address: Federal University of Juiz de Fora - Rua José Lourenço Kelmer, without number - Neighborhood São Pedro - ZIP: 36036-900 - Juiz de Fora - MG, Brazil. Address: Universidade Federal de Juiz de Fora – Rua José Lourenço Kelmer, s/n - Bairro São Pedro - CEP: 36036-900 - Juiz de Fora – MG, Brasil. e-mail: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; We thank Fundação de Amparo à Pesquisa do estado de Minas Gerais-FAPEMIG for funding support.

ABSTRACT

The city of Juiz de Fora is located 272 km from the city of Belo Horizonte, state capital of Minas Gerais, 184 km from the city of Rio de Janeiro and 506 km from the city of São Paulo. It has its source connected to the opening of the Estrada do Paraibuna (Paraibuna Road), serving as an

15th INTERNATIONAL PLANNING HISTORY SOCIETY CONFERENCE entrepot between the state of Minas Gerais and the ports of Rio de Janeiro to the flow of gold and precious stones.

According to Braga & CAMPELLO (2009), Juiz de Fora did not have the colonial and baroque marks of the oldest cities of Minas Gerais, but inherited the European architectural and urban features of the XIX century. Still, the signs of modern ideas in art and architecture will only be perceived from the 1920s of the twentieth century, with expressions of Art Nouveau and Deco, whereas in 1941 it was built the first representative building of the Brazilian Modern Architecture: headquarters of the Banco do Brasil (Bank of Brazil), by Oscar Niemeyer.

The city's Master Plan provides for the conservation of individual buildings and architectural complexes, delimiting areas of cultural and historical importance, especially in the downtown area. However, it appears that the assets held by cultural interest are mostly of the nineteenth century, and the only ones of the modern period - from the 1940s, for conservation, are the aforementioned the Banco do Brasil building and the Clube Juiz de Fora Building, authored by Oscar Niemeyer and Francisco Bolonha, respectively, architects who had their offices in Rio de Janeiro and designed several buildings of national and international repercussions.

Besides these buildings, there is also in Juiz de Fora an architectural ensemble of great representativeness in the expression of the modern ideas of Zona da Mata region of Minas Gerais, work of the engineer Arthur Arcuri. His work assumes peculiar characteristics, especially in his houses, which can be considered as a local expression of the modern architecture, making the national heritage.

However, this heritage is not considered in the planning of the city as part of conservation and there is no building preserved for cultural interest among the remaining models. On the contrary, there is a frame of systematic demolitions and losses of characterization of that set.

We will deal with these particular representatives of modern architecture in Juiz de Fora, both for their importance as a representative of the moment of expression of Brazilian culture of architecture, such as the cultural difficulty of their valorization. The risk of loss of this important cultural trait leads us to seek measures to reverse this situation. We will discuss the specific case of Frederico de Assis’Residence, by Arthur Arcuri, which was demolished during the administrative process for its conservation as well as

15th INTERNATIONAL PLANNING HISTORY SOCIETY CONFERENCE cultural and legal instruments that could be applied for conservation without financial loss to their owners.

INTRODUCTION

The city of Juiz de Fora is located 272 km from the city of Belo Horizonte, state capital of Minas Gerais, 184 km from the city of Rio de Janeiro and 506 km from the city of São Paulo. It has its source connected to the opening of the Estrada do Paraibuna (Paraibuna Road), serving as an entrepot between the state of Minas Gerais and the ports of Rio de Janeiro to the flow of gold and precious stones.

According to Braga & CAMPELLO (2009), Juiz de Fora did not have the colonial and baroque marks of the oldest towns of Minas Gerais, but inherited the European architectural and urban features of the XIX century. Still, the signs of modern ideas in art and architecture will only be perceived from the 1920s of the twentieth century, with expressions of Art Nouveau and Deco. As it happened in other cities of the interior of Minas Gerais (such as Cataguases and Diamantina), Juiz de Fora in 1941 is contemplated with a building by Oscar Niemeyer – the Banco do Brasil Building. This episode, besides passing on the representativeness that Niemeyer was reaching in Brazil, is also a result of the indication of himself to design the Pampulha Architectural Complex in Belo Horizonte, which yielded him, as already mentioned, many works in the state. We cannot fail to remember the influence that the culture of the architecture of the city of Rio de Janeiro had in shaping the architecture of Juiz de Fora, by their geographical proximity.

This study will seek to highlight the importance of the group of buildings built from the ideas of modern architecture in Brazil in Juiz de Fora, its regional representativeness and the difficulties of their appreciation and conservation. The city's Master Plan provides for the conservation of buildings of cultural and historical interest, but among the properties already listed for preservation are predominant the ones of the nineteenth century (only two

15th INTERNATIONAL PLANNING HISTORY SOCIETY CONFERENCE buildings considered of cultural interest are modern: Clube Juiz de Fora Building and Banco do Brasil Building, authored by Francisco Bolonha and Oscar Niemeyer, respectively). But beyond these, Juiz de Fora also has a very impressive modern architectural complex, authored by the engineer Arthur Arcuri, who had a modern orientation of regional character, linked to socio-cultural demands and the technological offer of the place. This complex has not been well characterized and outstanding as of cultural interest, despite its importance locally, nationally and even internationally.

Thus, we will deal with the expression of modern architecture in the city of Juiz de Fora, both for its importance as a time of expression of Brazilian culture, and for the cultural difficulty of its value. The risk of loss of this trait leads us to seek ways that can reverse this situation, since it can be considered as a representative element of the urban image, which as we know, references the inhabited place and the social memory (of the occupation and appropriation of places) becoming:

"(...) The basis for the construction of identities, the conscience of the individual, groups and classes. The memory records the process of identifying subjects with the space in which they insert themselves and the resulting relationships established from this identification "(CITY HALL OF BELO HORIZONTE, 1998).

Thus, we discuss the specific case of the Frederico de Assis’Residence, project of the engineer Arthur Arcuri that, during the administrative process for its preservation as a cultural asset, was demolished.

In this case we could identify, once again, the insensitivity of the community and building owners for the characterization of modern architecture as a cultural asset, preventing the legislation for the conservation of the built heritage was not enough to encourage the preservation of this cultural identity trace.

15th INTERNATIONAL PLANNING HISTORY SOCIETY CONFERENCE

FREDERICO DE ASSIS’RESIDENCE AND THE PROCESS FOR ITS CONSERVATION AS A CULTURAL ASSET

The conservation of a cultural asset depends on good communication between the owner, the government and the community. So that all the parts are aware of how this process works and its consequences, as the rights and obligations of each part, it is necessary to expand the information system that highlights the benefits of conservation of a cultural asset, especially of houses that express the local ideas of Brazilian modern architecture, since they are part of an important national heritage.

The near absence of an information system has greatly hindered the conservation of cultural assets both through legal means and for spontaneous initiatives of the owners, as we can identify in isolated cases. Along with that, it is possible to see the action of groups of investors (speculators), who perceive their chance with forged falling house prices, which are the subject of proceedings for its conservation, and raising the pressing desire of the owner to sell their property. This explains the indifference and even negligent placement of a majority that, by not knowing the advantages and benefits of the conservation of cultural property, including discrediting that they have it, prevents systematically the advance on the achievement of many others.

This disconnection between the community, owners, real estate speculators, the government and the near absence of information, have resulted in the systematic demolition of significant buildings to conserve the national heritage of modern architecture, especially the parts built in the interior of Brazil. That was what happened with the building of the old Magister School in Juiz de Fora, tenant for years of Frederico de Assis House, designed by the engineer Arthur Arcuri.

15th INTERNATIONAL PLANNING HISTORY SOCIETY CONFERENCE

Figure 1: Perspective showing the wooden garage of the residence in the foreground and perspective showing the arrival hall of residence with their water features. Source: Draft by Arcuri in Vieira (2006, p.103)

Started in February two thousand and two, the request for preservation, authored by a professor from the School1 (Process No. 00599/02) started the whole process addicted already described above. With the possibility of success of the process of conservation of the property, the owners sold the house hastily to the companies Z. N. Empreendimentos Imobiliários LTDA. and Segura Empreendimentos Imobiliários LTDA. for the the amount of one million eight hundred thousand reals1, a figure which at the time was considered far below market value.

Like most of the processes of conservation of buildings of cultural interest, the process of Frederico de Assis’House was permeated by a clash between the interests of real estate speculators and those for the conservation of the cultural heritage of the city.

Crafts, the undersigned, official articles and opinions from various sectors were delivered to the government, describing the reasons why the house should be retained. Besides being a significant part of the ideas of modern architecture, the property was an important spatial reference, for being inserted on a street surrounded by juxtaposed buildings. it may also be highlighted several important points of modern architectural design as the

1 Process number 0599/02 referring to the conservation of Frederico de Assis’House, page 04. 2 Ibdem, page 151.

15th INTERNATIONAL PLANNING HISTORY SOCIETY CONFERENCE functional compartmentalization, the preference for volumes developed from cobblestones and use of materials in their raw state. In the house there are also artistic panels that also make reference to the modern movement and bring the name of famous artists in the region, such as Guima (Guimarães Vieira). 2

Figure 2: Facade of Frederico de Assis’Residence. Source: Collection DIPAC.

Figure 3: Panels of Frederico de Assis’Residence. Source: Collection DIPAC.

2 Ibdem, page 121.

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Besides the historical and architectural value, there is the cultural and emotional value, advocated by teachers and students of the school Magister and by all cultural, political and religious organizations who have used its place. Students, alumni and teachers staged a demonstration and gathering signatures for a petition in favor of the conservation of the property3.

"The building, besides being an important representative of local manifestation of the ideas of modern architecture, it was the seat of an important school, which for many notable citizens of the city was characterized as a 'space of citizenship"'. (Braga and CAMPELLO, 2010, p. 03).

These mobilizations were mainly related to affective bonds created with the school, since the property was its seat from 1973 until shortly after the opening of proceedings for its conservation.

The importance of this building as a representative of the modern language of the architecture was not considered because of the ignorance of the majority of the population as to the relevance of it and its author, which resulted in the inclusion of information not coming to the process.

As, for example, we cite the statement of the lawyers representing the new owners in impugnment to the proposed conservation of the house4. They claimed that the property in question

"does not flaunt and cannot be considered as architectural value to be protected and listed" (THOMAZ e THOMAZ, 2002, p. 03)

It can also be highlighted the statement of that

"the former residence of the family Assis is not the first in modernist style of Juiz de Fora" (THOMAZ e THOMAZ, 2002, p. 04), and there are other works of Arcuri prior to the Residence that are precursors of the style, as the residence Gilberto Lara Resende5. Therefore,

3 Ibdem, page 68. 4 Ibdem, page 152.

15th INTERNATIONAL PLANNING HISTORY SOCIETY CONFERENCE the referred property did not have anything exceptional, differentiating itself from the others only by the scale.

Another argument that questions the value of the property comes to its destination with seat of Magister School, when it argues that the cultural value of the school was not linked to the architectural value of the property. It was stated that the proposals of conservation of the property provided by the school administration hid other interests which

"could be linked to tax benefits that are granted by the municipality to listed items, benefits that would reach the school" (THOMAZ e THOMAZ, 2002, p. 04)

In this case, we can point to an inconsistency in the argument, since the benefits referred to are related to the owners.

Amid the conflicting explanations above, the a Comissão Permanente Técnico Cultural (CPTC) (Technical Cultural Permanent Commission) has approved the request for preservation of the cultural property. Claiming not being adequately clear the object of conservation for cultural interest, the mayor in force at that time Tarcisio Delgado requested the termination of the process in February 20036. One year later, the Cidade Viva sent an injunction challenging the decision of that, claiming periculum in arrears. There was a fear that Frederico de Assis’House was demolished by new owners if the request was not upheld. Open a new process in the same year, the Conselho Municipal de Preservação do Patrimônio Cultural (COMPPAC - former CPTC) (City Council for the Preservation of Cultural Heritage), now with new members, come out against the conservation of the House, which was then demolished in 2005.

"This case of demolition is inserted within a framework of systematic demolitions of significant buildings to the local culture and, specifically to the regional interpretation of modern architecture, showing the

5 Designed in 1949, the residence is located in the neighborhood Bom Pastor, in Juiz de Fora. Its architecture is marked by elongated facades and the horizontality of the windows. 6 Ibdem, pág. 186.

15th INTERNATIONAL PLANNING HISTORY SOCIETY CONFERENCE ineffectiveness of the policy and legal instruments for its conservation." (BRAGA and CAMPELLO, 2010, p. 04).

LEGAL BENEFITS TO THE FINANCIAL EXPLOITATION OF A WELL MANTAINED PROPERTY APPLIED TO FREDERICO DE ASSIS’RESIDENCE

"But how to act in this field, when modernist houses in the downtown areas, which could be adapted to new uses (commercial, institutional, etc..), have owners who are terrified face of a possible devaluation of property with tipping? How to proceed in cases whose building is the striking element of historical and social moment and of the urban landscape? How to deal with aggressive presence of real estate speculators, who aggravate this situation? And when in this community there are few cases of identification, appreciation and conservation by the society, regardless of the offices of the boards of public bodies? "(BRAGA and CAMPELLO, 2010, p. 04)

It is possible, with the legal instruments already available, to exploit financially a property either by their owners, and for real estate investors, without the value of the asset is reduced, on the contrary to what turns out to be the common sense on the preservation of a property?

In the face of existing legal instruments, we found some possibilities of exploration of the well maintained property by its owners which are not used in the city and are often not even known by owners and real estate investors.

The legislation for the protection of cultural heritage, both at the municipal, and federal and state offers owners of cultural preserved property, through tax breaks, exemption from some taxes. Specifically in the municipal sphere

15th INTERNATIONAL PLANNING HISTORY SOCIETY CONFERENCE of Juiz de Fora, there are discounts or exemptions from the Imposto Predial e Territorial Urbano (IPTU) (Urban Building and Land Tax), varying the discount rates of 0%, 25%, 50%, 75% and 100%, as given the state of conservation the property7.

Another tool is the law of transfer of the constructive potential of real estate held or declared of cultural interest, in which the difference of constructive potential allowed and used for the property is transferred to another building by its owners, through a public instrument, complying with the provisions. Unfortunately this feature has not been used yet in any case in the city.

"Since 1998, it exists in Juiz de Fora the Act 9327, which established the possibility of transferability of constructive potential and brought an alternative to the integration of heritage preservation and the urban development. This happened in theory. The appeal has not been applied here, although it is successful in other locations, such as Belo Horizonte and Curitiba. "(TRIBUNA DE MINAS NEWSPAPER, January 9, 2011, p.10)

If the building preserved as a cultural asset is not properly renovated, restored, or reused, (works mentioned in the law), the property owner may also transfer 50% of the constructive potential, until the referred restoration works are executed, when the remaining part will be able to be transferred. According to the Act, the land constructive potential recipients may have their coefficient of utilization increased from 50% to 05%. In the case of Frederico de Assis’ Residence, the owner would be possible to negotiate the transfer of 3000m², the maximum allowed by law.

Incentive programs to the culture which can also be applied to the heritage maintenance are, at the Federal, called the Law Rouanet, which through tax waiver grants discounts ranging from 30% to 80% in income tax of an individual or legal entity that has approved a project for the conservation, revitalization and promotion of the heritage property8; and Murilo Mendes

7 According to the Municipal Decree Number 8959 of July 25, 2006. 8 According to Federal Law No. 8313 of 1991: PROGRAMA NACIONAL DE APOIO À CULTURA (NATIONAL PROGRAM SUPPORT FORCULTURE)

15th INTERNATIONAL PLANNING HISTORY SOCIETY CONFERENCE Law of the municipality of Juiz de Fora, which provides resources for up to twenty five thousand reals for projects approved in the same areas mentioned9. Under State Law, we can cite the Cultural ICMS. The Federal Constitution provides that 25% Tax on Circulation of Goods and Services – ICMS States should be passed as the specific regulations of each state. On December 28, 1995, the state government created the Law no. 12.040/95 which established that this redistribution of the ICMS percentage considering the following items: population, land area and each municipality's own revenue, and investment in education, health, agriculture, environmental conservation and cultural heritage. Of these, 10% will be distributed to municipalities based on the ratio between the Index of Cultural Heritage of the city and the sum of the indices of all municipalities, provided by the Instituto Estadual do Patrimônio Histórico e Artístico – IEPHA (State Institute of Artistic and Historical Heritage).

"The city that has protection law, which has a municipal council of heritage, which protects cultural property through the tipping, which identifies the properties, which restores and cares of the properties, receives more resources to constantly improve their quality of life guarding their history, their culture and their self-esteem. "(IEPHA / MG)

In the specific case of Frederico de Assis’ House, given the size of the land and its low occupancy rate, it could be built at the rear of a building place of maximum area occupancy of 9753.10 square meters, which could be increased by the transferring of constructive potential, with the potential for financial exploitation like any office building and / or apartment building built in the downtown. Moreover, the restoration and conservation of the residence located in front of the land could be met through the cultural incentive programs, aforementioned, without great cost to its owners and / or investors. The maintenance of the property could also be possible by projects appropriate for these laws.

9 As the Notice annexed to the Municipal Law No. 8525 of 1994 Cultural Program Murilo Mendes Cultural Incentive of Juiz de Fora.

15th INTERNATIONAL PLANNING HISTORY SOCIETY CONFERENCE Contrary to what occurs with modernist buildings, whose importance is not yet perceived by the population of Juiz de Fora, we can verify in the city that properties of the beginning of the XX century, already characterized as of cultural interest, became seats of private institutions. These companies are responsible for the conservation of the property and, in addition to avail themselves of the benefits of municipal tax breaks, they use the property as a means to enhance the image of the company.

One of the great examples of this process in Juiz de Fora is the building now known as Castelinho (small castle) SEG, built before 1924.

The elements of different trends, present in their facades, stand out in a reference, the example of his sharp gable facing the front facade, like the Norman taste, a tower with battlements and merlon, referring to the medieval architecture, its front porch with guard -body classical balustrade. Testimony of economic power in the region in the 1920s, the Castelinho SEG has its cultural importance for embodying the live setting to the height of industrialization in the city.

Nowadays, the well maintained property is used by a diagnostics company that, according to the managing director, Alexander Surerus, had exceeded their expectations in relation to the building. Firstly, the most comprehensive benefit was the possibility of the use of the property and marketing, creating enormous visibility to the company. The fact of being an asset that nowadays stands out from the rest built in that area of the city and to please the popular taste are positive identification. According to the company's managing director, it is the common customers wish to be attended at Castelinho care unit, simply by wanting to know that house dating back to the city's history.

The seat is recognized by local TV and by the population as a great example to be followed, since when it happens a cultural loss with the significant demolition of a building in the city, this case is cited for its positive impact.

The company is considered a prominent place for its concern with the historical, cultural and architectural heritage of the city.

15th INTERNATIONAL PLANNING HISTORY SOCIETY CONFERENCE But these cases are still the exception in the city and still refer to the expression of the eclectic architecture. With reference to modern expressions of ideas, we cannot identify even this recognition is possible, however, identify successive demolitions of parts of this heritage. As for the remaining parts that still characterize the representativeness of the regional modern architecture of Juiz de Fora, almost in its almost totality it is uncharacterized or poorly maintained.

Figure 4 - Castelinho SEG (Juiz de Fora / MG, 1924) - Before the tipping process, 1996. Source: Archive of the authors

Figure 5 - Castelinho SEG (Juiz de Fora / MG, 1924) - current seat of a Diagnostic Imaging company, 2011. Source: Archive of the authors

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CONCLUSION

In this trial we found that, even if we can identify real benefits to owners and investors of well preserved properties as cultural heritage, it is still prevalent in Juiz de Fora, the idea of devaluation of property assets to be retained and the difficulty of recognition and identification of the benefits from same. Furthermore, there is the inability to recognize the cultural importance of the buildings which express the modern ideas.

Although it is possible to identify some weaknesses in the legislation as regards the conservation of buildings of cultural interest considered in Juiz de Fora, we conclude that the main impediment to the conservation of these properties has a cultural nature. The lack of knowledge and information has greatly hindered the community awareness for the conservation of this heritage and to the consequent spread and expansion of the legal instruments that facilitate their conservation.

BIBLIOGRAPHICAL REFERENCES

BRAGA, Raquel, CAMPELLO, Mauro. “Arquitetura moderna no interior do Brasil – Juiz de Fora – identificação e reconhecimento de valores regionais” In X Congreso Internacional (CICOP) de Rehabilitaciín del Patrimônio Arquitectónico y Edificación, Sevilha, 2010.

BRAGA, Raquel, CAMPELLO, Mauro. “Patrimônio de arquitetura moderna em Juiz de Fora – traço de identidade cultural em risco”. Metodologia para Conservação do Patrimônio cultural no Interior do Brasil. In IX Congreso Internacional (CICOP) de Rehabilitaciín del Patrimônio Arquitectónico y Edificación, Sevilha, 2008.

15th INTERNATIONAL PLANNING HISTORY SOCIETY CONFERENCE BRAGA, Raquel; LIMA, Fábio. “Presença da Arquitetura Moderna em Juiz de Fora: Projeto de Residência de Arthur Arcuri para a Rua Brás Bernardino”. In: SEMINÁRIO DOCOMOMO BRASIL 3, 2003.

DIPAC/PJF – Divisão de Patrimônio Cultural da Prefeitura de Juiz de Fora (Org.). “Guia dos Bens Tombados de Juiz de Fora”

DIPAC/PJF – Divisão de Patrimônio Cultural da Prefeitura de Juiz de Fora (Org.). Processo n° 0599/02 referente ao tombamento da Casa Frederico de Assis.

PORTES, Raquel, AZEVEDO, Marlice. "Esquinas Modernas, dois Ícones Modernistas no Centro de Juiz de Fora: Francisco Bolonha e Oscar Niemeyer - Sessão 4: O papel do patrimônio moderno na Cidade Contemporânea". In SEMINÁRIO DOCOMOMO BRASIL, 8., 2009.

PREFEITURA MUNICIPAL DE BELO HORIZONTE. Dossiê de Tombamento do Conjunto Urbano Bairro Santa Tereza (projeto). Belo Horizonte: [s.n.], 1998.

SANTANA, Rodrigo; PUGLIESI, Stella. “Arquitetura moderna em Juiz de Fora: A contribuição de Arthur Arcuri”. Juiz de Fora, Funalfa, 2002.

VIEIRA, Bernardo da Silva. “A Comunhão das Artes e da Natureza: As Residências de Arthur Arcuri”. Rio de Janeiro: Dissertação de Mestrado, PROARQ/FAU/UFRJ, 2006.

RAMOS, Raphaela. “Hora de sair do papel”. Jornal TRIBUNA DE MINAS. Juiz de Fora: 09 de janeiro de 2011, pag. 10.