O confronto jurídico da dupla representatividade da sucessão de obras de arte notáveis: uma análise dicotômica entre herança particular e patrimônio público

Abstract

There are situations in which a family inheritance transcends the legal domain of the private sphere and also becomes part of the public legal domain. This occurs due to the conflict arising from the asset's dual representation, as it comprises a family's inheritance estate while also being part of the public cultural heritage, serving as a public symbol of the culture, history, and identity of an entire society and not merely as an exclusively private asset. Therefore, a legal and cultural examination of the dual representation of the inheritance of notable physical works of art is necessary, through a dichotomous analysis of private inheritance and public heritage, based on the legal treatment of copyright and inheritance rights of these works, considering the dual representation of the artistic asset as both a cultural product and an inheritance asset, in order to understand its constitution and purpose. In this sense, the Brazilian civil legal system extensively and protectively regulates inheritance matters, emphasizing private assets and relationships and validating family power in property relations. This guarantees broad and influential powers over notable works of art. This conflicts with the view of notable works of art as cultural assets, part of society's cultural heritage, and afforded constitutional protection and guarantees that elevate them to public cultural assets, deserving of certain and democratic access. This research adopted a qualitative approach, combined with bibliographical research in books, articles, newspaper articles, and case law relevant to the conflict of dual representation, taking into account both the private and public spheres. This approach analyzes the legal conflict of dual representation in the succession of notable works of art from the dichotomous perspective of private inheritance and heritage. Thus, through an interdisciplinary analysis, the study begins with a discussion about what can be considered a work of art, moving on to its apparent definition through an artistic, philosophical, and sociological analysis, explaining its temporal mutability, effects, differentiations, and class influences, which have distinctive contours generated by the limited access and elitism of art. Next, it addresses art as a cultural and legal system, explaining notable works of art as cultural assets, part of a society's cultural heritage, and, therefore, deserving of special protection, with their access democratized and constitutionally guaranteed through constitutional provisions and specific norms. Finally, notable works of art are presented from the perspectives of ownership and succession, based on analyses of the Copyright Law, Brazilian Inheritance Law, and a case study. This aims to fulfill the dichotomous analysis regarding the legal confrontation of the dual representation of notable works of art, promoting a dialogue that seeks to achieve balance regarding such a fundamental issue for society.