The Ways of Preservation of the Brazilian Cultural Heritage against the Federal Constitution of 1988

Abstract

This article aims to identify ways of preserving the Brazilian cultural heritage, mainly through the instruments provided for in §1 of art. 216 of the Federal Constitution of 1988 - Inventories, Registration, Surveillance, Tipping and Expropriation - taking a brief conceptual approach of these legal institutes. The analysis of the instruments of preservation of the Brazilian cultural heritage will be made from elements provided by the specialized doctrine, but, mainly, when existing, through research of the legal norms that regulate them, especially the Decree-Law 25/37 - Tombamento - and Decree 3551/2000 - Registration. It seeks to demonstrate the ineffectiveness of some protection instruments, as well as the urgent need for regulation of other mechanisms. Finally, it is understood that the integration of the instruments presented in this research is an indispensable condition
 for an effective and real preservation of the Brazilian cultural heritage.