Diffuse control of constitutionality and cultural heritage

This work seeks to relate the themes of diffuse control of constitutionality an important element of constitutional jurisdiction and Brazilian cultural heritage a diffuse fundamental right of collectivities based on the 1988 Federal Constitution considering the bias of cultural sustainability. The main objective is to clarify whether diffuse control can function as a mechanism for protecting cultural heritage in Brazil.To this end we chose to examine cases judged by the courts involving incidental control and cultural heritage. A total of 12 cases were selected from seven Brazilian courts with jurisdiction in all regions of the country. In all the judgments issues relating to the control of constitutionality are discussed in parallel with discussions on the protection of the right to cultural heritage in the light of the constitutional precept and including the most varied forms of material and immaterial heritage.