Possibilidade jurídica de dano moral coletivo pela destruição de bens culturais: exame da jurisprudência estadual brasileira

• Autor(a) principal: Blank, Dionis Mauri Penning
• Data de Publicação: 2012
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFPel - Guaiaca
• Texto Completo: http://guaiaca.ufpel.edu.br/handle/123456789/1056
• topic: Patrimônio cultural; Bens culturais; Dano moral coletivo; Indenização; Jurisprudência; Cultural heritage; Cultural property; Collective moral damage; Compensation payment; Jurisprudence; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL

This research investigated legal possibility of existence of collective moral damage due to cultural property destruction. The main goal of this work was to prove that civil and environmental responsibility for collective moral damage and in consequence, obligation of compensating a community or social group for the injuries to cultural heritage, besides the material compensation, is admissible. For this, the method of hypothetical-deductive approach was used, as well as monographic procedure and bibliographic, documental and explanatory research, based on content analysis. The research is centered on the examination of state jurisprudence in Brazil, regarding recognition of environmental and cultural collective moral damage which results in sentence to pay compensation decided by the Judiciary, based on decisions of Courts in each Brazilian state. At first, national culture is presented as the main source of identity, which legitimates protection of cultural heritage, a place of identity conflicts, in which patrimonialization relates to the memory of a place and a group. After that, doctrinal issues associated to the collective dimension of cultural heritage are discussed, considering it as an aspect of the environment, which is composed by cultural property that deserve legal protection. Finally, the configuration of civil responsibility for collective moral damage is described, as well as the possibility of sentencing the offender to pay compensation for damage to cultural property, distinguishing environmental and cultural precedents and analysis of concrete cases of state Courts in Brazil. As a result, compensation for collective moral damage is regarded as an instrument of defense of cultural heritage, with pedagogical and punitive character.