A presença do jardim e da paisagem nas cartas patrimoniais e na legislação brasileira

The preservation of landscapes and historic gardens is a recent fact. If the nineteenth century registered some of the earliest attempts of recovery of degraded areas and reforestation, it was in the twentieth century that society became aware of the true aesthetic, environmental and cultural value of certain landscapes and gardens – which is evident in those several cultural heritage charters produced throughout this century, as well as in some laws and decrees that arose in defense of this (natural and built) heritage. To put into discussion the presence of the garden and the landscape in heritage charters is to think about preservation of garden areas – or garden open spaces created by man – as well as of humanized landscapes, cultural landscapes, urban and natural landscapes; is to promote aesthetic and cultural considerations regarding some areas and spaces which are in continuous transformation and which are intended to be preserved notwithstanding such transformation. We aim here to emphasize and analyze critically those references to the garden and landscape comprised in heritage charters, and in the Brazilian law which aim their preservation, bringing about such discussion and considerations.