The invention of rights and the racialization of heritage: the 1988 constitution and the deconstruction of the nation's monocultural monolith

• Autor(a) principal: Pereira, Paulo Fernando Soares
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito
• Texto Completo: https://periodicos.ufv.br/revistadir/article/view/11226
• topic: Patrimônio; Invenção; Racismo; Constituição; Representação; Heritage; Inventio; Racism; Constitution; Representation

The article discusses how "heritage inventions" take place, as possibilities of rights, and, through this, the racialization when making these choices. With the nomination characteristic of the Law in mind, we defy its role in cultural systems that interact with patrimonialization, which usually make a distinction of the cultural heritage and practices of the hegemonic groups. In this context, the use of the law, through its nomination power, contained in the legal protection of heritage, has been one of the means used to racialize the issue and, consequently, the nation's identity and representation. In conclusion, we demonstrate that the Federal Constitution of 1988 broke with the hegemonic tradition when it allowed indigenous, Afro-Brazilians and other groups to participate in the national civilization process, by opening cracks in the monolith of the monocultural representation of the Nation in the Luso-Brazilian tradition. The methodology used was a critical review of literature.