THE "OTHER FORMS OF PRECAUTION AND PRESERVATION" OF BRAZILIAN CULTURAL HERITAGE/AS "OUTRAS FORMAS DE ACAUTELAMENTO E PRESERVACAO" DO PATRIMONIO CULTURAL BRASILEIRO

Besides "tombamento" (instrument dedicated to the protection of material cultural heritage, similar to the French "classe), registration, inventory and surveillance, "other forms of precaution and preservation" of the Brazilian cultural heritage were admitted in the first paragraph of Article 216 of the 1988 Federal Constitution. In consultation with the doctrine, little is said about what would they be, requiring the exercise of identifying them. There are several challenges of protection, such as the difficulty of protecting cultural heritage, whose tangible and intangible dimensions, cannot be seized to set apart shapes. The protection of cultural heritage can be accomplished through other instruments, which are not of specific protection to the cultural heritage, but indirectly protect. Examples are the instruments of urban policy and tax incentives. It should be understood that preserving means any action aimed at preserving the memory or cultural value. That for its effectiveness, it depends on several factors of social, economic and management actions. The other forms of precaution encompass actions that go beyond the normative dimension. This article, developed through the deductive method of the doctrinal, normative and jurisprudential studies related to the subject, aims to understand and identify what and what are these "other forms of precaution and preservation" the Brazilian cultural heritage accepted by that standard existing open fattispecie in the 1988 Federal Constitution.