This article presents a critical approach on the legal instruments for the protection of Brazilian cultural heritage, intangible assets in Amazonas. It develops considerations about the importance of popular participation and awareness as a direct participant in this process of safeguarding the intangible assets (beliefs, identity, memory, forms of manifestation and culture of a people) for present and future generations. This theoretical discussion goes through the brief analysis of the normativity, of the actors involved in this process, of the effective search to ensure that intangible assets are perpetuated.