La acción de cumplimiento como instancia constitucional protectora del patrimonio cultural

Abstract

Every time you have the idea of Cultural Heritage, there are two possibilities: your defense and recognition or the threats of its destruction, disappearance or deterioration. For the second case, which also implies the first, there are protection mechanisms provided by the law, starting with the 1991 Constitution. One of these measures is the enforcement action, which seeks to "grant to every person, natural or legal, and even to public servants, the possibility of appealing to the judicial authority to demand the fulfillment or fulfillment of the duty that arises from the law or the administrative act and that is omitted by the authority, or the individual when it assumes this character " (Judgment C-157/98). This research examines the effectiveness of this action in the defense of Cultural Heritage, from the legal regulations. It is done with a qualitative approach, of documentary review, at a hermeneutic and phenomenological level.