"A QUEM PERTENCE FRANZ KAFKA?" OS EFEITOS DA DECISÃO DA CORTE DE TEL AVIV E DA SUPREMA CORTE DE ISRAEL PARA A PRESERVAÇÃO DE PRODUÇÕES CULTURAIS

Abstract

This paper analyzes the stance of the Israeli courts in the dispute over Franz Kafka's unpublished manuscripts, one of the most influential writers of the 20th century. The case involves the fate of documents produced by Kafka and transported to Israel by his close friend Max Brod after the Nazi occupation in 1939. The research examines the legal and cultural arguments presented by the parties and judges, with a particular focus on the preservation of cultural heritage and collective memory. A historical and legal contextualization of the trials will be provided, from the discovery of the manuscripts to the final decision by the Israeli Supreme Court. subsequently, the courts' positions and the implications of the decision will be explored, including its transformation into a precedent, both in terms of cultural property rights of internationally significant assets and the use of artists’ legacy as a soft power strategy.