Patrimônio cultural imaterial: análise dos aspectos normativos e efetividade das medidas de salvaguarda no Brasil

Abstract

This work investigates the protection and promotion of cultural expressions that make up the country's intangible cultural heritage, highlighting the legal approach and the results achieved by current legislation. Over the last few decades, recognition of the importance of intangible cultural manifestations has gained prominence on the national and international scene. Through the 1988 Federal Constitution, Brazil provided a solid basis for the protection of intangible cultural heritage, recognizing it as a fundamental element of national identity and a cultural right of traditional communities. The work addresses Brazilian legislation related to intangible cultural heritage, such as the Federal Constitution, Decree nº 3,551/2000 and respective normative acts, as well as related laws and legislation published at the state level. It also explores the role of the National Historical and Artistic Heritage Institute in implementing safeguard measures, such as the registration of cultural assets of an intangible nature and the National Inventory of Cultural References (INRC). In the context of safeguarding policies, the 2003 UNESCO Convention for the Safeguarding of Intangible Cultural Heritage stands out, which influenced the approach adopted by Brazil. Thus, through bibliographic and documentary research, the study seeks to evaluate the effectiveness of the safeguard measures adopted in Brazil, considering the preservation of cultural traditions and the empowerment of the communities involved. The research contributes to the understanding of the challenges and advances in the protection of intangible cultural heritage in Brazil and offers reflections on how to further strengthen the preservation and promotion of cultural expressions that make up the national identity.