ORDENAMENTO JURÍDICO E A PROTEÇÃO DO PATRIMÔNIO PALEONTOLÓGICO: NECESSIDADES PREMENTES PARA A PALEONTOLOGIA NACIONAL

Abstract

Legal Ordinance and the Protection of Paleontological Heritage: Pressing needs for National Paleontology. This study seeks to analyze the specific legislation referring to fossiliferous deposits in relation to their controversy of jurisdiction, in addition to reasoning about measures to preserve the paleontological heritage after the extraction of fossils from the ground. It is noticed that the rules limit the responsibility for protection and supervision of the competent body. The ANM has its responsibility until the moment of extraction and IPHAN only if the paleontological heritage is listed. The absence of an understanding of what is considered paleontological heritage, and of a specific law designating a competent body as responsible for the paleontological heritage, hinders protection and inspection. Finally, it is concluded that there is a need for greater discussion on the subject, both with the community, as well as in the academic and legal world, in addition to the lack of regulation on the profession of paleontologist and clearer legislation in relation to paleontological heritage. Keywords: Fossil, Paleontological Heritage, Constitution, Brazilian legislation.