Cultural Heritage and Heritage Unlisting

ANÁLISE DOS REQUISITOS AUTORIZADORES DO INSTITUTO À LUZ DOS TERMOS DA CONSTITUIÇÃO FEDERAL

Abstract

The main objective of this academic work is to analyze the compatibility of heritage unlisting with the conteudistic terms of the 1988 Federal Constitution. First, a study of the contemporary understanding of cultural heritage will be carried out, focusing on the reception of this concept in a constitucional setting, in addition to its mention in transnational legal orders. The heritage unlisting itself, as an institute that revises the declaration of protection of a consecrated property as relevant to the collective memory and to the community’s identity, needs to be approached exceptionally, at risk of harming the conservation of cultural rights. In doing so, the institute must comply with the constitucional values and guidelines, with restricted application by the government, respecting limited application hypotheses, duly proven in which the population directly interested in the preservation of cultural heritage participates and the technical agency that was previously involved in the declaration of heritage listing, not being permitted the registration of heritage unlisting based on the isolated declaration of the Executive branch chief, calling on an uncertain and indeterminate public interest, without any society control.