Police Power and Contemporary Challenges in the Management of Intangible Cultural Heritage

Revista de Direito Administrativo e Gestão Pública

Walter Veloso Dutra¹  Magno Federici Gomes² 

[1] Instituto Ensinar Brasil, FIC;Pontifícia Universidade Católica de Minas Gerais - PUC/MG, Minas Gerais;

关键词: Poder de polícia, Patrimônio cultural imaterial, Instrumentos administrativos;   

DOI  :  10.26668/IndexLawJournals/2526-0073/2015.v1i1.157

来源: DOAJ

【 摘 要 】

The object of the article refers to the intangible cultural heritage and the possibility of using the instruments of police power on this. O intangible cultural heritage it is composed by the action, memory and identity of different cultures and groups that form the Brazilian society. The analysis, by methodological approach, is made from the instruments of the National Cultural Inventory, registration and protection plan, noting that the intangible heritage to be protected cannot be analyzed in a minimalist and reductionist model of interpretation and application of existing legislation. Because it is a heritage "alive" must be protected by a different legal system, given its essentially dynamic character. At the end of the study, it was concluded that although the devices for the protection of intangible heritage (inventory, record and safeguard plan), the combination of these with the actions of the state and its police power is required, which in this scenario still shows shy and ineffective, given the novelty or the inefficiency of the organs that hold this responsibility.

【 授权许可】

Unknown