of social life substantiated in the “sovereignty of flavor”22 and the “physiology of taste”23 that the formation of cultural identity of a given community arises, demanding intense protection. Otherwise, societies without culinary history risk destroying regional cuisines, thereby undermining democracy and diminishing gastronomic values historically experienced24. Traditional dishes, customary food practices, and exotic tastes, all with recognized survival over centuries, nourish individuals, families, and nations, serving as points of geographic and cognitive union of communities. They are related to natural ingredients, which, while material in one sense (natural reality, mass25), are equally endowed with immateriality insofar as they represent cultural and identity values, actions, and memories—adequately protected under the Brazilian Constitution26. Hence the need for conceptual formulation through essential assumptions that frame the discipline, since “we need concepts to make or gather our experiences and integrate them into life. We need them to fix fleeting experiences, to know what happened, and to preserve the past in our language.27” Gastronomic law may thus be emphasized as the area of legal knowledge that defines principles, rules, models, and consequently delineates rights and 12. Observe: “Peace is a principle, a thought, an argument. Peace in humanity, peace in the family, peace in the soul. Moreover, peace to mitigate social inequalities. Peace to foster a pedagogy that leads to egalitarian social change.” 22 CASCUDO, Luís da Câmara. História da alimentação no Brasil. São Paulo: Global Editora, 2016, p. 120. Adds: “The election of certain flavors that already constitute the foundation of selective heritage in the family domain, of entire regions, unanimous in the conviction of nutritional or pleasant excellence, cemented through centuries, does not change with the same ease as the alteration of women’s clothing...” 23 BRILLAT-SAVARIN. A fisiologia do gosto. Trad. Paulo Neves. São Paulo: Companhia das Letras, 2019, p. 20. Premises: “Taste is that of the senses which brings us into contact with sapid bodies, through the sensation they cause in the organ destined to appreciate them. Taste, whose exciters are appetite, hunger, and thirst, is the basis of various operations that result in the growth, development, and preservation of the individual, and in the repair of losses caused by vital evaporations.” 24 MINTZ, Sidney W. Tasting Food, Tasting Freedom: Excursions into Eating, Culture, and the Past. Boston: Beacon Press, 1996, p. 97. In the author’s acute perception: ingredients, methods, and recipes serve not only to create meals but also to consecrate meanings. 25 ABBAGNANO, Nicola. Dicionário de filosofia. México: Fundo de Cultura Econômica, 1961, p. 774. Matter is a natural reality constituted in bodies. However, it separates the philosophical concept of matter (matter as subject, matter as potentiality, matter as extension, matter as force, and matter as law) from the scientific concept (matter as mass and matter as field density) 26 BRASIL. Constituição Federal. Art. 216. Constitute Brazilian cultural heritage the tangible and intangible assets, taken individually or collectively, that bear reference to the identity, action, and memory of the different groups that form Brazilian society, which include: I – forms of expression; II – ways of creating, making, and living; III – scientific, artistic, and technological creations; IV – works, objects, documents, buildings, and other spaces intended for artistic and cultural manifestations; V – urban ensembles and sites of historical, landscape, artistic, archaeological, paleontological, ecological, and scientific value. 27 KOSELLECK, Reinhart. Histórias de conceitos: estudos sobre a semântica e a pragmática da linguagem política e social. Trad. Markus Hediger. Rio de Janeiro: Contraponto, 2020, p. 515. 73 ‘STOMACH RULES’ AND CONSUMER PROMOTION
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