The Decree-Law No. 139/2009 establishes the legal framework for safeguarding Portugal’s intangible cultural heritage. It is in line with the UNESCO Convention for the Safeguarding of Intangible Cultural Heritage and recognises the importance of intangible cultural heritage in conjunction with other sectoral policies, and in the very internationalisation of Portuguese culture.
The legislation encompasses measures for safeguarding and a legal protection procedure, emphasising the active involvement of communities, groups, and individuals. It introduces a public online database for the protection procedure and outlines the process for seeking opinions from relevant cultural and municipal authorities. Furthermore, it specifies the decision-making process and the responsibilities of the National Association of Portuguese Municipalities in the safeguarding of intangible cultural heritage.
The document also details the appointment, duties, and termination of the members of the Commission for the Safeguarding of Intangible Cultural Heritage. The Commission is responsible for assessing and granting legal protection to intangible cultural heritage elements. Additionally, it addresses the composition, duties, and guarantees of the Commission members, as well as the duration of their mandate and the procedures for cessation. The legislation also includes provisions for transitional and final arrangements, data protection, and the entry into force of the law.