A REPERCUSSÃO DA ATUAL ORDEM CONSTITUCIONAL NA PROTEÇÃO DO PATRIMÔNIO CULTURAL PELO TOMBAMENTO

THE IMPACT OF THE CURRENT CONSTITUTIONALORDER ON THE PROTECTION OF CULTURAL HERITAGETHROUGH MONUMENT PROTECTION DECREES

Abstract

At the time of the publication of Decree-Law 25/37, which instituted tombamento in Brazil, there was a nationalist and non-democratic regime, whose desires did not necessarily coincide with the interests of citizens. However, with the advent of the 1988 Constitution, a Democratic Rule of Law regime was founded with the establishment of a program to value plural, solidary and collective citizenship, with social interests "decoupled" from state interests. The problem posed by this article is the following: what impact did the 1988 Constitution have on listing under Decree-Law 25/37? It is based on the hypothesis that the current constitutional principles require a conforming interpretation of Decree-Law 25/37 in order to enable the protection of cultural heritage through landmarking. The general objective is to analyze, in comparison, the two constitutional contexts for the protection of cultural heritage: the one at the time of Decree-Law 25/37 and the current one under the 1988 Constitution. This is a bibliographical and documentary study, carried out in the theoretical field using the deductive method. In terms of approach, the research is qualitative. The method used was a literature review for conceptual purposes and to identify gaps and possibilities in the subject. It was found that the Constitution expands and enhances the protection of Brazil's cultural heritage, including through the tombamento, which can no longer be interpreted or applied exclusively according to the provisions of the 1937 Decree-Law.