O retorno dos bens culturais

Abstract

The present paper analyses the potential existence of a legal international obligation of States to fulfil requests of restitution of cultural property to their respective country of origin. Requests for the return of cultural property taken from the territory of States in the late 19th century have intensified over the last 30 years. A number of those cultural artefacts, such as the Troy gold and the Machu Picchu artefacts have recently been returned to their respective countries of origin. Other cultural property, as in the case of the Parthenon Marble, has stayed at a museum outside its country of origin, despite several calls for its return. In this sense, this paper outlines the reasons and tries to identify an international obligation behind such returns. Special attention will be given to the request made by Paraguay to Brazil concerning the return of the ‘El Cristiano’ cannon, a piece of artillery taken from Paraguay by the Brazilian armed forces in the war of 1864-1870, and its implications on international and Brazilian national law. In conclusion, no international legal obligation to return cultural property displaced before 1970 was found, however a practice to return those artefacts in good faith can be observed.