Abstract
In the last decades, the theme of protection of Cultural Heritage has intensified both at the international and regional levels, as well as at the domestic level. As the notion of power in International Relations took on new configurations, especially from the turn of the twentieth century to the twenty-first century, the issues related to culture, science, and education also took on a new connotation to the ideals of progress and development of a nation. Despite the efforts made to bring the issue to the forefront, the illicit trafficking in Cultural Goods is still a reality that affects Brazil and national states across the globe, moving significant financial amounts every year. So, the concern becomes quite feasible, as there has been a continuous increase in the association of trafficking with other types of crimes, such as terrorism, money laundering, corruption, in addition to the transnational practices by organized crime. In analyzing the theoretical assumptions, the international Conventions and the internal legal system of Brazil, we realized that it is not completely in conformity with what is required of the Brazilian State, taking into account the main obligations contracted in the international sphere, with respect to combating illicit trafficking in Cultural Goods from the perspective of soft power. Therefore, it is intended to present pertinent arguments throughout the present work in the light of multilateral channels, instigating plural debates, connecting, above all, the fields of History and International Relations, in order to raise contents that cross the notions of memory, construction identity, tradition, culture, and power in the geopolitical sphere, as well as making recommendations, so that the internal rules that refer to the issue are adequate to such obligations assumed by the Brazilian State, so that they can be configured as mechanisms of safeguarding of greater power, thus fostering its international projection in the cultural field guided by the foundation in soft power.
Lara Elissa Andrade Cardoso—Federal University of Juiz de Fora, Juiz de Fora, Minas Gerais, Brazil. Departament of History. Member of the Heritage and International Relations Research Group—CNPq. CAPES Scholarship.
Nathan Assunção Agostinho—Federal University of Juiz de Fora, Juiz de Fora, Minas Gerais, Brazil. Departament of Social Sciences. Member of Heritage and International Relations Research Group—CNPq.
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Notes
- 1.
The emergence of bureaucracy studies at “street level” is linked to the growing academic concern regarding public policies implementation process between the 1960s and 1970s, in the United States. If, on the one hand, these programs were developed at the federal level, on the other, their implementation took place from the local level, with the involvement of a greater number of actors, who acted in disagreement with the legislation still insufficient for the conflict resolution, adapting them, while the actions become discrepancies between the institutionally elaborated policy and its implementation in practice.
- 2.
Halbwachs created the category of “collective memory”, in which he postulates that the location of memories cannot be analyzed without considering the social contexts in which they operate. In this sense, the work of memory construction ceases to have only the individual dimension, considering that a person's memories are never just his/hers, and that no memory can exist isolated from a social group (Halbwachs 1990, pp. 81–82).
- 3.
In Catholicism, the sentence “in the name of the Father, and of the Son, and of the Holy Spirit. Amen.” represents the solemnity of the Holy Trinity in which the faithful generally symbolically reproduce The Sign of the Cross on occasions such as when beginning and ending prayers and passing near to a Church.
- 4.
The International Criminal Police Organization, known worldwide for its acronym INTERPOL, is an international organization that promotes police cooperation and crime control worldwide.
- 5.
The Semana de Arte Moderna, also called “Week of 22”, took place in São Paulo, between the 11th and 18th of February 1922, at the Municipal Theater of the city. This event represented a renewal of language, in the search for experimentation, in the creative freedom of breaking with the past, given that art has moved from the forefront to modernism. The event marked a time when it presented new ideas and artistic concepts, such as support through the declamation, considering that previously only music was performed through concerts and before there were only singers without accompaniment of symphonic orchestras, in addition to the plastic art displayed on canvases and sculptures with bold design and aesthetics.
- 6.
Historical period recognized by the policy of expansion and territorial, cultural and economic dominance of one State over the other. In this context, the strongest nations sought to deposit their power of influence and control with the weaker nations.
- 7.
For more information see: https://foreignpolicy.com/2011/04/12/the-war-on-soft-power/. Accessed on March 7th., 2021.
- 8.
Era Vargas is the period of the republican history of Brazil between 1930 and 1945, when Getúlio Vargas ruled the country for fifteen uninterrupted years. The moment included the Provisional Government (1930–1934), the Constitutional Government (1934–1937) and the dictatorship of the Estado Novo (1937–1945).
- 9.
In 1998, the UN General Assembly expressed the intention of drawing up a convention to combat transnational organized crime. After a series of meetings of experts in the field of criminal justice law, international cooperation, the United Nations Convention against Transnational Organized Crime was signed in Palermo in December 2000. The Convention also provides that States parties implement effective anti-corruption policies that promote the participation of society and reflect the principles of the rule of law, such as integrity, transparency and accountability.
- 10.
Source: Le trafic de biens culturels a explosé pendant la pandémie de Covid-19. Available at: Le trafic de biens culturels a explosé pendant la pandémie de Covid-19 (lemonde.fr). Accessed on: February 16th. 2021.
- 11.
Enacted by the Brazilian State through Decree no. 72,312, of May 31st., 1973, categorizing Cultural Goods as any property that, for religious or profane reasons, has been expressly designated by each State as being of importance for archeology, prehistory, history, literature, art or science.
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Cardoso, L.E.A., Agostinho, N.A. (2021). Brazil with Its Back to Soft Power: Indifference or Lack of Knowledge About Cultural Goods?. In: Christofoletti, R., Botelho, M.L. (eds) International Relations and Heritage. The Latin American Studies Book Series. Springer, Cham. https://doi.org/10.1007/978-3-030-77991-7_20
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