A mão que afaga nem sempre é a mesma que apedreja O regime de mão-morta e a proteção do patrimônio cultural religioso brasileiro

Abstract

The present work analyzes how contemporary international law, agreements signed by the Brazilian Federal Government, norms of canon law and institutes of Brazilian domestic law interact to protect the Catholic religious cultural heritage. Therefore, it aims to discuss how religious cultural heritage can be understood; to comprehend the creation of the mortmain regime, its incorporation into the Brazilian legal system, and how it interacts with other institutes of domestic law and canon law in order to ensure the protection of religious cultural heritage; and analyze the effects and advances resulting from the Brazil-Holy See Agreement in the Cultural Heritage Law. Thus, an extensive bibliographic review was conducted, in a multidisciplinary discussion of the theoretical-legal production regarding such documents, emphasizing the work of authors such as Theodosios Tsivolas, João Barbalho Uchôa Cavalcanti, Epitácio Pessoa and Marcos Paulo de Souza Miranda. At the same time, specific paradigmatic cases were analyzed. The religious cultural heritage’s unique characteristics make it necessary to grant to it a different protection from that of the secular cultural heritage. Due to the scarcity of norms of international law and canon law, only through institutes that have been historically established in the Brazilian legal system, through constitutional provisions, as well as through the Agreement between the Brazilian Federal Government and the Holy See on the Statute of the Catholic Church in Brazil these peculiarities are met.