Legislation on the Protection of Cultural Goods: A Compared Study Between Brazil and Italy

Abstract

The aim of this work is to present, in general lines, the history of Brazilian and Italian legislation regarding the protection of cultural goods, comparing the way each norm defines and covers the theme of guardianship, its unfolding in the field of institutions and its advances and setbacks. The choice of Italy as a comparative element is justified by the fact that it is today the country with the largest number of sites inscribed on the World Heritage List, with 55 inscriptions (Brazil has 22 sites), and by the remarkable flow of tourists to the peninsula as a destination, ranking 5th in the world ranking of the World Tourism Organization (Brazil is in 45°). Furthermore, the Italian expertise in the field of restoration, with names such as that of Cesare Brandi and her Central Institute of Restoration (ICR), is recognized internationally. These are just a few examples of how Italy instrumentalises its soft power in order to achieve economic benefits and international insertion. Considering the post-unification period in Italy, the first law of guardianship of monumental heritage in that country dates from 1902. In the case of Brazil, the law regulating the protection of the national historical and artistic heritage was passed on November 30, 1937, during the Getulio Vargas government. Over the years, we have numerous complements and updates in both legislations. Based on the assumption that the norm is the organizing agent and promoter of the protection and enhancement of cultural goods and activities, and considering the relevance of the European country, as explained above, to the subject in question, it is understood that a comparative study to the Brazilian norm for the cultural heritage sector can contribute to the understanding of different mechanisms of protection, enhancement, and also to the evaluation of the advantages and disadvantages of each model.