The repatriation of museum objects from the perspective of Decolonial Comparative Law

the case of the “Manto Tupinambá”

Abstract

https://doi.org/10.1590/2179-8966/2025/92612

This article addresses the implications of the repatriation of museum objects from the perspective of the decolonial comparative law method proposed by Salaymeh and Michaels (2022). This paper addresses how the legacy of colonialism manifests itself in museums, examining the accumulation of colonial artifacts and the growing demand for their repatriation to their original countries. In addition to the perspective of decolonial comparative law, the article uses an inductive and exploratory method, through the understanding of themes related to legal sciences and museology, in addition to using bibliographical research as a central element, bringing as an illustration the case of the Tupinambá Cloak. By examining this specific case based on the theory used, the essay concludes and points to the need to understand the complexities involved in the return of cultural goods, highlighting the importance of a decolonial approach to ensure justice and equity in addressing these issues.