Interesses e valores juridicamente relevantes no direito ao patrimônio cultural no estudo do caso bem cultural imaterial arte Kusiwa

Abstract

The present paper deals with cultural goods as legal goods whose recognition spreads effects to the whole legal system, consecrating values and interests that are subjected to legal ownership and appreciation. Based on the methodology of case study, it is intended to demonstrate a real manifestation of the complex phenomenon of cultural goods, and connections with legal theory. Initially, cultural diversity is presented as a reality and constitutional objective consecrated not only for the realization of the right to cultural heritage, but as a corollary of the democratic constitutional organization, based on the freedom and equality of people. In addition, the right to cultural patrimony is related to the three dimensions of human dignity - intrinsic value, autonomy and community dimension -, arguing that cultural heritage is a fundamental right positived in art. 216, CF. Thus, all constitutional systematization associated with the realization of cultural heritage, indissociable from cultural diversity as a constitutional objective, has effects in legal relations. The case studied, the Kusiwa art, was chosen as the first good registered in the Book Register of Forms of Expression as a Brazilian intangible cultural heritage, according to a certificate dated December 20, 2002, the same day as the registration of the Crafts of the Paneleiras de Goiabeiras in the Book Register of Knowledge. In addition, Kusiwa art was inscribed on the Representative List of Intangible Cultural Heritage of Humanity in 2008. It consists of a graphic art associated with an oral knowledge about the worldview of the Wajãpi, an indigenous people living in the Wajãpi Indigenous Land in Amapá. Faced with considerations about the theory of legal goods as values and ownership, the data collected corroborate that cultural goods are endowed with unavailable or appropriable values, according to the achievement of human dignity. In addition, these values are not only attributable to the different formative groups of Brazilian society, but are also feasible as a public interest, related to the social duties of the State. Thus, the harmonization of the various conflicting interests is the object of legal interpretation in concrete cases. The present work was carried out with the support of the Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - Brasil (CAPES) - Financing Code 001.