The specialized role of the Prosecution Service of the Federal District and Territories in the protection of cultural heritage

the case of the Historical and Artistic Museum of Planaltina

Abstract

The Federal Constitution of 1988 brought significant innovations in the field of protection of Brazil’s cultural heritage, which is a crucial safeguard for preserving its identity and collective memory. This protection is especially relevant within the Brazilian legal context, since the 1988 Federal Constitution establishes a set of norms and principles focused on ensuring the protection and preservation of cultural assets throughout the Nation. In this context, this article presents a case study on the role of the Prosecution Service of the Federal District and Territories (MPDFT) in protecting the Planaltina Historical and Artistic Museum, which the Government of the Federal District lists as a cultural asset. The first section examines the evolution of cultural heritage legislation until the 1988 Federal Constitution. The second discusses the MPDFT’s responsibilities and legal tools in defending diffuse and collective rights in this field. Finally, the case study explores the Museum’s judicialization, highlighting key challenges and outcomes in one of the Public Ministry’s longest running judicial battles dealing with the guardianship of broad and collective rights over matters of cultural heritage. The study employs a critical and exploratory approach, using inductive observations, bibliographic research, and document analysis. It concludes that, while the Public Prosecutor’s Office of the Federal District and Territories (MPDFT) efforts have ensured the Museum’s partial preservation, full restoration remains unresolved, depending on judicial enforcement and the Public Administration’s commitment to executing court rulings aimed at protecting this cultural asset for present and future generations.