THE EXTRAORDINARY LEGAL NATURE OF THE HERITAGE LISTING OF THE OLD QUILOMBOS

THE EXTRAORDINARY LEGAL NATURE OF THE HERITAGE LISTING OF THE OLD QUILOMBOS

Blog Article

The article 216, paragraph 5 of the Brazilian Constitution establishes the registration of documents and sites containing traces of the ancient Quilombos.However, the fulfillment of this norm is threatened for two main reasons: the first one involves the theoretical discussion materialized in the doubt about the understanding of what is Quilombo, that oscillates of a literal interpretation coming from the archeology, click here which identifies material vestiges, or from the anthropology, which values the transmission of the ways of creating, doing and living.The second problem is operational and revolves around Decree Law no.25/1937 crystal beaded candle holder (Brazilian Law of Heritage Listing), which would show serious inadequacies for this specific type of heritage listing.The above doubts lead this article, written from the deductive method of investigation, done on norms, jurisprudence and doctrine, to investigate the hypothesis about a special legal nature of this heritage listing, which is confirmed at the end of the investigation.