PATRIMÔNIO CULTURAL: ANÁLISE DA MATRIZ CONSTITUCIONAL BRASILEIRA E PROTEÇÃO JURÍDICA PARA A SALVAGUARDA DE CULTURAS E MEMÓRIAS

Abstract

This article discusses the preservation of cultural heritage within the context of the Brazilian constitutional framework, emphasizing the significance of cultural rights as fundamental and their interconnection with human dignity and memory conservation. An analysis of the 1988 Federal Constitution serves as a basis for exploring the "generations" of fundamental rights, starting with personal freedoms and extending to economic, social, and cultural rights, while also acknowledging the diffuse and collective rights of the third generation. The article offers a descriptive analysis that highlights the concept of cultural heritage, encompassing both tangible and intangible elements, and underscores its importance to collective identity and memory. In conclusion, the article addresses the safeguarding of cultural heritage as an essential right and underscores the imperative for preservation efforts by both the State and civil society to guarantee the perpetuation of memories and cultures for future generations.