Cultura como direito fundamental: o congado em minas gerais como paradigma

Abstract

Congado is a cultural manifestation that has a ritual full of meanings, the context of its creation, as well as its specificities, it has been chosen to guide, in this work, the investigation of culture as a fundamental right. The basic fundamental rights explicit in the Constitution, Article 5 - Federative Republic of Brazil are: life, liberty, equality, property and security. In this way, the present work is justified by the necessity of an analysis that transcends the mere positivation of the rights and that the effectiveness of the determination of § 2nd Constitutional Charter, Article 5, so that - in a context of imposing a global pattern of culture and weakening of identities - Indigenous and African cultures, always regarded as subaltern, are objects of the guarantees - Constitution, Article 5, 1988. In this sense, the main interest in this work is identifying in Congado characteristics that dialogue with the Constitutional Principle of Human Dignity - basic principle of fundamental rights. The qualitative research methodology is adopted, with a documental and bibliographical survey. The reasoning is built through the examination of academic papers, articles, dissertations and theses on the subject. Attracting a new look from society, the public authorities and, especially, the law enforcers to the originally Brazilian cultural manifestations in order to contribute to their recognition and appreciation and to guarantee their participants the full exercise of cultural rights is what is expected as result.