Prado, Luiz Regis2024-12-122024-12-122022ARMELIN, Priscila Kutne. Criminalização do tráfico ilícito de bem cultural: aspectos constitucionais-penais e proposta lege ferenda. 2022. 225 f. Tese (Doutorado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2022.http://repositorio.unialfa.com.br/handle/123456789/533The collective identity generates the feeling of belonging to a certain people; it is forged in the cultural time. The cultural heritage, although it belongs to the past, is dynamic, current, being-in-the-world when it enables the collective memory to be triggered, and, with it, the identification of belonging to the community that produced it, within the dimension of citizenship. In the concept of cultural heritage, it is faced with the assets that compose it. These are assets gathered in a category, to which a value is attributed that justifies their preservation. Their relevance is recognized by the international community, which has, over the last few years, signed several conventions in the search for the preservation of this heritage. This concern for conservation and preservation of the cultural asset rests on many Brazilian constitutions, with the Federal Constitution of 1988 inserting it in the cultural order. Rooted in the constitutional order, the cultural heritage is an autonomous legal good, and has criminal dignity, given the indication of criminalization contained in the Magna Carta. In this sense, in the study of the criminal legislation, it is found the protection of the cultural heritage indirectly in criminal types foreseen in the Penal Code, as well as there is a direct provision in devices inserted in the Environmental Law, alongside the ordinance of the territory. The 1995 UNIDROIT Convention aims to protect cultural assets against theft and illicit export. The international struggle for the preservation of the collective memory of humanity’s heritage and its relevance to the development of society is recognized by the International Criminal Court, which innovates by condemning war crime attacks on cultural assets. There are Law Projects that aim to expand the legal-penal protection of cultural heritage, however, with gaps and mistakes that are pointed out in order to contribute to its improvement. Within the protection gap, there is the absence of criminalization of illicit trafficking, one of the greatest aggressions to cultural heritage. It is proposed that its protection be carried out within the Penal Code, with specific titles and articles, culminating in the proposal lege ferenda of a criminal type that criminalizes the illicit trafficking of cultural goods.ptPatrimônio culturalBem culturalBem jurídico-penalConvenção do UNIDROIT