This paper investigates the impact of a comparative reading of some specific archaeological remains in the territory of Sardinia, in addition to the effects of such "selective appreciation" on the actual context of the protection of the so-called "real cultural heritage” (art. 9 Cost.).

The UNESCO framework introduces a hierarchy among the cultural heritage based on merits of protection and establishes a reinforced protection for the assets that includes in its list.

This paper is aimed at understanding if and how the recruitment of the cultural object in the UNESCO list is reflected within the Italian legal system of protection, from both administrative and criminal perspectives.

The study follows the work recently conducted in the Archaeological Park of Porto Torres (Project "MADAR - Mathematical models for simulation of the structural deterioration in the archaeological area"), that tested the potential of a mathematical tool for preventive diagnostics of archaeological structure. Considering the potentiality for extended opportunities of protection and use of cultural heritage, this work compares the area of Porto Torres with two important realities of the island having similar contextualization, but different strategies for protection: Su Nuraxi in Barumini, registered since 1997 in the World Heritage List of UNESCO and the archaeological area of Neapolis.

The approach experimented with MADAR, non-invasive and predictive, allow to review and decline the normative approach to the protection. The objective is to go beyond the limits of constant emergency practices, especially structural ones, which constrain the archeological remain by a loss of connections with the urban and regional area in which it is inseparably included.