Right to cultural patrimony and to private property na inquire of cultural valed goodâs property law in democratc law-ruled state / Direito ao patrimÃnio cultural e à propriedade privada: uma anÃlise sobre o direito à propriedade do bem com valor cultural frente ao interesse pÃblico no Estado DemocrÃtico de Direito

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

The work represents a doctoral thesis presented at the Law School of the Federal University of Pernambuco to achivment of a Ph.D degree. The study envolves the conflict between the right of property and right to the protection of historical patrimonium, both stated by the Brazilian Federal Constitution of 1988.Far from being just a juridical question, this analyses exposes the tension also existing in the formation of the Brazilian State, in term os culture and politics. In this context, the work discusses the elitist conception of culture and the lack of a heterogenous cultural policy that be able to take influence on the the Brazilian jurisprudence to precise the limits of the right to property faced to âright of historical patrimoniumâ. The work discusses also the the evolution of the conception of cultural patrimonium in Brazil connecting it to cultural and historical facts that had influence on its frame, specially on the issue related to the role of the National Historical and Artistical Patrimonium Institute (IPHAN). In the same way, considerations about the concept of right to property composes the center of the thesis. Central discussion of the thesis is the juridical possibility â according to the democratic and republican principles that lead the Brazilian Federal Constitution - of rethinking the right of property up to bound it with its social role as a condition to be recognized by the State; and, if the right of property envolves the protection of cultural patrimonium,others elements must be considered, such as equality and dignity in human being

ASSUNTO(S)

propriedade privada direito valor cultural patrimÃnio cultural bens culturais

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