Il caso del “Banksy veneziano”. La street art come modello culturale tra opere illecite e imbrattamento

As has emerged in the court case concerning the mural created by the artist Banksy in Venice, street art is a phenomenon that, although so far relegated to the margins of academic legal studies, raises significant questions in this field. This paper aims to participate in the debate on the topic by delving into aspects of constitutional law and criminal law. Significantly, drawing from the aforementioned case, we consider, initially, the meaning of street art and its reflections on the Italian Constitution, with respect especially to Articles 33, 21, and 9 It. Const. and, subsequently, the approach of the Italian law-maker and case-law in criminal matters, with specific reference to the offences of illicit works and defacement. Lastly, we try to see whether street art is covered by the Constitution and also to outline hermeneutic criteria for the interpretation of the relevant crimes, with a view to a full appreciation of the artistic value of each work.