It is imperative to observe, therefore, that the practices, expressions, representations, knowledge, and techniques of a given group not only constitute “intangible heritage” or a “fundamental good”83 subject to promotion, protection, and safeguarding, but also delineate the “cultural identity” of this community, differentiating it from universality, without, however, separating from it. Once again, the idea of object (intangible heritage) and subject (cultural identity), respectively. It should be noted that recognition of intangible heritage status requires compatibility with “existing international human rights instruments and with the imperatives of mutual respect among communities, groups, and individuals, and of sustainable development.84” It must also be recorded that criticisms have arisen regarding the “rigidification” of cuisine and gastronomy itself precisely due to such protection or regulation.85 We situate gastronomy and gastronomic law, as cultural identity, in the dimensions of belonging, language, and resistance. As belonging, gastronomy can be mentioned as a formative element of cultural identity, considering aspects of historicity, customs, and territoriality. Thus, belonging may be cultural, referring to the affective and identity bond mediated by practices, collective memory, and cultural symbols, as well as territorial, with a link to physical space and local resources—both interdependent in the formation of regional identity.86 From this perspective, gastronomy is referenced by the territoriality of the components of a given group and is therefore closely associated with geographical indications (GIs), as previously discussed. Yet it is not only locality, since gastronomic practice is also a source of memories, emotions, and community cohesion, promoting shared narratives that reinforce territorial identity and broaden the sense of “belonging.” Typical recipes and the valorization of local ingredients foster a sense of unity among participants, particularly activating “gustatory memory”87— a true history of homemade 83 FERRAJOLI, Luigi. Por uma carta de bens fundamentais. Revista Sequência, UFSC, n. 60, pág. 29 84 UNESCO. Convenção para a Salvaguarda do Patrimônio Cultural Imaterial de Paris, em 2003 85 Broude, T. A Diet Too Far? Intangible Cultural Heritage, Cultural Diversity, and Culinary Practices. In: Irene Calboli and Srividhya Radavan (eds.), Protecting and Promoting Diversity with Intellectual Property Law (Cambridge University Press, 2015). The Hebrew University of Jerusalem Faculty of Law Working Paper no. 02-14. Hebrew University of Jerusalem Legal Research Paper No. 15-6. Accessed on 23 Jan. 2026. 86 Panzera, E. (2022). The Role of Cultural Heritage in Shaping Territorial Identities. In: Cultural Heritage and Territorial Identity. Advances in Spatial Science. Springer, Cham. https://doi.org/10.1007/978-3-030-94468-1_5. Accessed on 23 Jan. 2026. 87 Corção, Mariana. Memória gustativa e identidades: de Proust à cozinha contemporânea. 2006. Leads: 86 FERNANDO RODRIGUES MARTINS | MIGUEL CABRAL DE ARAÚJO MARTINS
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