O direito fundamental à memÃria
AUTOR(ES)
Fabiana Santos Dantas
DATA DE PUBLICAÇÃO
2009
RESUMO
The Right of Remembrance corresponds to the individual and collective need for affirmation and current knowledge of the past; this right is implicitly guaranteed by article 5Â, Â2Â da CF/88, the existence and efficacy of which can be inferred from material or legislative norms, and from the contents of articles 215, 216 e 225. It can also be understood as a facet of the fundamental right to inheritance, guaranteed by article 5Â, XXX, of CF/88. Its efficacy is expressed in judicial positions of first, second, third, and fourth generations: at the individual level, it comprises the memory of the living and the dead, whereas at the second (positive obligations), it involves the right of participation in the elaboration of public policy toward the conservation of cultural heritage and the use of the public assets that comprise it. The transpersonal level is expressed at the third and fourth levels, involving present-day individuals as well as the future generations, which are linked by the bonds of intergenerational solidarity. The elaboration of policy for the preservation of memory, of a markedly discretionary nature, requires the abandonment of established values, such as beauty and monumentality, which contradict article 216 CF/88. Social representativity nowadays is the criterion for governemntal protection of cultural assets, being subject to control, including juducial control, in order to conform to the largest extent possible to the diversity and fragmentation of interests of a democratic and pluralist community such as the Brazilian society
ASSUNTO(S)
memÃria individual patrimÃnio cultural collective memory cultural heritage direito memÃria coletiva direitos individual memory rights
