A proteção das expressões culturais indígenas frente à apropriação cultural pela indústria da moda à luz do ordenamento jurídico brasileiro

Abstract

The main scope of this paper is to discuss and analyze if Brazilian law protects indigenous cultural expressions from appropriation and exploration by the fashion industry. The specific objectives are to present the difference among fashion, vesture, typical costumes and clothing; to study the importance of traditional clothing and costumes in the construction of identity and cultural expression of groups; to introduce the issue of fashion cultural appropriation; to study the legal and administrative forms of protection of intangible cultural heritage in Brazil and in International Law; to examine if the Brazilian Intellectual Property Protection Rights are effective to protecting indigenous traditional cultural expressions against appropriation. Therefore, bibliographic and documentary research was used as a methodology, through the method of deductive approach, to explore concepts to demonstrate that Brazilian law and its intellectual protection system are insufficient for the Defense of intangible cultural heritage indigenous people in the face of abuses committed by the fashion industry.