Palaeontological heritage: why legislate for it?

Abstract

The current emergence of new legal situations arising from the arising of new rights which, in turn, bring new interpretations to the discussion of concepts and theories relating to ethical values that involve humans and a modern capitalist society. The legal relationship between the state and the property included in its field in the past have been easily identified. Today, as government intervention in the economy contracts, questions arise about the relevance of their essential presence in the administration of this estate. So, in the list of new rights, environmental law comes with its various nuances. Standards have been studied that involve environmental protection in an almost coded manner, and arise because of an individualized area of study. However, as it is necessarily involved in other areas of law, this must lead again to rethinking and revisiting for a new theory. The enrichment of minorities to the detriment of the loss of public goods involves the loss of portions of national sovereignty and the citizenship of individuals. From the new Brazilian Constitutional Charter, whose state will be more vigilant compared to the assets that constitute their heritage, however, there is still no law regulating the updated protection and/or fossil trade, the consequences and reasons for which are explored. After consideration of the relevant legal articles pertaining to fossils, a classification scheme of fossils as public domain assets is proposed.