Judicial guardianship for the cultural environment protection against illicit exporting of material cultural property / Tutela jurídica do meio ambiente cultural : proteção contra a exportação ilícita dos bens culturais materiais

AUTOR(ES)

Sílvia Regina Salau Brollo

DATA DE PUBLICAÇÃO

2006

RESUMO

Judicial guardianship for the cultural environment protection against illicit exporting of material cultural property having illicit exporting of cultural resources as the central concern - analyzes judicial norms currently in force, with the objective of finding solutions that will avoid the departure of cultural property and foster its return to its country of origin. The study of this theme is justified because a balanced environment is a fundamental, transindividual third-generation right. The preservation of the cultural environment ensures social diversity and the dignity of the human person to the extent that it safeguards the memory and identity of society. The integrity of the cultural environment allows individuals to know their past, their way of living and doing, and to determine their future in a conscious manner. The judicial importance of the theme resides in the systematization of the principal normative instruments for the protection of culture, of the cultural environment and cultural resources. The goal of this work is to collect normative acts, doctrinal opinions and current jurisprudence interpretations about the subject, fostering the necessary debate about the latter. This work explains the reason why it is necessary to preserve the cultural environment and presents the judicial instruments that currently in force and that are capable of providing this protection. It distinguishes culture, cultural environment and cultural property. It reveals that cultural property has nonmaterial value that is independent of its economic value, the latter established as a standard by the consumer society for measuring all property. This work also analyzes the important alterations introduced by the Constitution of 1988 and by Law n.o 9.605/1998, as well as normative acts that existed prior to the alteration of the constitutional order and the international conventions that Brazil has ratified regarding the issue. This analysis does not disregard day-to-day references to the importance of the cultural environment, take especially from the communication media.

ASSUNTO(S)

direito tutela jurisdicional patrimônio cultural - proteção - legislação crime contra o meio ambiente exportação crime contra o patrimônio

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