Direito Internacional e Gestão Pública do Patrimônio Cultural Transnacional ou de Fronteira: Estudo do caso da Ponte Internacional Barão de Mauá enquanto Patrimônio Cultural do Brasil, do Uruguai e do MERCOSUL.

Abstract

This study is justified because, if the recognition and protection of cultural heritage, while State policy, have always been linked to a representation - the nation, and forced the State, whose cultural goods were in its territory, being dedicated the heritage conception, from the nineteenth century, such as identity, territorial and modern (TORNATORE, 2010), in the scenario of a more porous State on its borders, this conceptual precision of cultural heritage and the rights and responsibilities it engenders is problematic. Thus, according to Ferreira (2012), to build an official past it needs methods of institutionalization that formalize the dialogue between memory policies and social groups, the questions that guided this study were: what are the steps and institutionalization of methods and guardianship of cultural heritage in cases of goods that transcend national identity borders, territorial and sovereign decision of a National State, as is the Barão de Mauá International Bridge? How the international cooperation, through MERCOSUL, and also of UNESCO, acted or can act to protect this transnational good? How is the sharing of responsibilities and rights related to the transnational cultural asset Ponte Barão de Mauá between Uruguay and Brazil? This research analyzed (at national and international level): 1) the international norms of the MERCOSUL, and the nationals of Brazil and Uruguay on Cultural Heritage and about the Barão de Mauá International Bridge; 2) the terms of bilateral agreements between Brazil and Uruguay which refer to the bridge; 3) the actions of the main national institutions of Brazil and Uruguay on patrimonial guardianship over the Bridge and; 4) Asset Management Plan (2015-2018) proposed for the bridge in MERCOSUL and its achievements up to the present. The result of this research was an exhaustive description of the process and the patrimonial management policies adopted by MERCOSUL, Brazil, Uruguay on the Barão de Mauá Bridge, based on a large documentation, leading to evidence the way of asset management strategies of border's goods in the Southern Cone.