A proteção do patrimônio cultural brasileiro no âmbito da propriedade privada

Abstract

The work focuses on the preservation of private property holders of historical and cultural value as constitutional requirement , which stems from the integral and conformadora social function of the content of the right to private property. The immovable cultural heritage is concrete and specific category of assets subject to a special legal status, according to a doctrine that recognizes the multiplicity of dominial statutes in place of property as an abstract and uniform creation of the law . The characteristic of cultural heritage is inherent to certain goods and is independent of any manifestation of public officials. The recognition of the cultural value of an act by the government is a mere declaration by direct operation of embodiment of indeterminate legal concepts that are outlined in Article 216 of the Federal Constitution. The omission of the Government in the preservation of property and cultural values of the community does not constitute the exercise of discretion and can be remedied by action of the Judiciary. The protection of cultural values is required as diffuse right of the community, except chances of collision with other interests also constitutional stature. In this context fall within the legal instruments provided in the Federal Constitution to preserve the cultural heritage of Brazil.