Direito, cultura e cinema: uma análise das leis de incentivo à cultura e seus impactos na produção cinematográfica brasileira

Abstract

The main objective of this research is to examine how federal public policies aimed at national cinema contribute to the realization of the fundamental right to culture. To achieve this purpose, it begins by investigating the concept of culture and its evolution over time, highlighting the relevance of its regulation and its recognition as a form of artistic expression, with an emphasis on cinema, considering its symbolic, political and economic dimensions. In addition, it analyzes the protection of the right to culture as a fundamental right in the Brazilian legal system, based on the approach provided by the Federal Constitution of 1988. It is clear that it is the role of the State to adopt a proactive role in the realization of this right, guided by the principles and values defined by the Constitution with regard to culture. In addition, a description is made of how the laws that encourage culture studied in this work work. Then, the impact of these laws on the Brazilian film market is verified, through the analysis of data made available by the Government. To prepare this work, a qualitative approach was adopted, based on bibliographic research and descriptive analysis. Finally, it was concluded that the public policies analyzed contributed to the implementation of the fundamental right to culture, however, significant gaps remain regarding the full compliance with the constitutional values that guide this implementation, especially with regard to the democratization of the means of creation and enjoyment, equal opportunities for access and the encouragement of diversity.