THE PRESERVATION OF THE CULTURAL ENVIRONMENT AS A FUNDAMENTAL RIGHT

Abstract

 This article aims to analyze the protection of the cultural environment as a fundamental right within the Brazilian legal system, investigating the tension between heritage safeguarding and the imperative of economic development. Methodologically, the research is based on a qualitative approach, grounded in a dogmatic bibliographic review and documentary analysis of constitutional and international provisions, as well as an examination of the Brazilian Supreme Federal Court’s jurisprudence. The results indicate that the principled nature of cultural protection norms qualifies them as optimization requirements, demanding the application of the balancing technique to resolve apparent conflicts. It is concluded that judicial deference to the political choices of other Branches, consolidated in rulings such as ADC 42, encounters an insurmountable limit in the essential core of the right to a balanced cultural environment. Thus, the preservation of the cultural environment does not constitute an obstacle to progress, but rather a prerequisite for sustainable development that ensures human dignity.

KEYWORDS: Cultural environment. Cultural heritage. Sustainable development. Fundamental rights.