A proteção do patrimônio cultural imaterial: aplicabilidade do registro como forma de preservação dos direitos culturais no ordenamento brasileiro

Abstract

This work has as scope to study the institute of registry, as well as perform a critical analysis of its capacity to protect the cultural rights. For that purpose, an interdisciplinary analysis of the study object is needed, in social, historical and law parameters. Initially, the most relevant historical facts that contributed to the creation of IPHAN and the noble purpose of protecting the culture will be explained. Such historical digression will be fast, but meaningful and containing all the details of the most relevant facts in brazilian history, lining up national events that helped to create important organizations and institutions with the international trends and studies about cultural patrimony and its protection. Right after, the fundamentals concerning the existence of the register will be explained, as well as their conceptual evolution through time, debating what makes the cultural patrimony material or immaterial, explaining the many doctrines about its role on the law science. Up next, in a pragmatic view, will be discussed the circumstances of the bill project responsible for the regulamentation and protection of cultural rights, critically analysing its adequation as an effective protection for the cultural rights. In a positivist scope, there will be a thorough analysis of the administrative procedure for the full understanding of this process, focusing on the cultural patrimony already registered and all the possible books dictated by the government. Last but not least, this work seeks to determinate whether or not the register of the cultural patrimony, especially the immaterial one, is able to effectively protect the culture of the people. Therefore, the position achieved in this work is that the object of study, the register of cultural patrimony, is not enough, when alone, to protect cultural rights.