O patrimônio cultural nas “barras dos Tribunais”a judicialização dos bens tombados no estado do Rio de Janeiro

Resumo

This doctoral thesis analyzes the phenomenon of judicialization through legal actions filed between 1989 and 2023, which involved material cultural heritage listed by the National Historical and Artistic Heritage Institute (IPHAN) in the State of Rio de Janeiro, Brazil. The sources were obtained by consulting the data systems of the Federal Court of Rio de Janeiro and the Attorney General's Office (Advocacia-Geral da União - AGU), enabling the investigation of the characteristics of these lawsuits in addition to the identification of the judicialized cultural heritage, who had the initiative to propose the judicial measures, what were the factors that motivated the filing of the legal actions and the way in which the Judiciary interprets and interventions in issues related to material cultural heritage listed at federal level in Rio de Janeiro State. Initially, the path of Brazilian public policies aimed at material cultural heritage was covered and the concept of judicialization and its dimensions were presented, to then analyze some aspects of the impact of judicialization on the cycle of public policies aimed at material cultural heritage. On the other hand, the judicialization process itself was analyzed to better understand its effects and the procedure of the various strategic actors who are relevant figures in the formulation and implementation of public policies on listed cultural heritage, such as judges, lawyers, prosecutors and organized civil society. The level of judicialization of material cultural heritage listed by IPHAN in the State of Rio de Janeiro indicates that the public policies implemented by the federal government have been insufficient to promote their maintenance and conservation. The research suggests that taking material cultural heritage to the courts, in addition to interfering in the choices of the Public Administration related to its action priorities in the face of budgetary limitations, is not a guarantee of an effective and rapid intervention for maintenance and restoration of the material cultural heritage.

Ficha do documento

Tipo

Tese

Ano

2024

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/35995

Temas

Políticas PúblicasAdministração Pública

Palavras-chave

JudicializaçãoPolíticas públicasPatrimônio Material TombadoEstado do Rio de JaneiroJudicializationPublic policyMaterial HeritageState of Rio de JaneiroAdministração públicaPatrimônio cultural - Proteção - Rio de Janeiro (Estado)Justiça federalAdvocacia-Geral da União (Brasil)Instituto do Patrimônio Histórico e Artístico Nacional (Brasil)