Inadequação regulada : a produção das leis "Anti-Oruam" no âmbito do ordenamento jurídico brasileiro

Abstract

The evolution of funk as a musical genre in Brazil has been characterized, since its inception, by persistent conflict with political entities and law enforcement authorities. This study seeks to situate these conflicts within the framework of rights guaranteed by the 1988 Constitution and in relation to international law. Among these rights, freedom of expression and cultural rights, as institutionalized within the National Culture System, deserve particular attention. The analysis subsequently examines Brazilian cultural legislation, in order to identify the particularities of the documents that refer to artistic manifestations originated in the suburbs and, in this context, the innovations introduced by the so-called Anti-Oruam bills. These legislative proposals have emerged in the year of 2025, in São Paulo, and later on, have appeared in multiple federative levels of the country. The conclusion is that such provisions of the parliamentary proposals were improperly incorporated into the Brazilian legal system, due to the disproportionate and inconsistent restrictions imposed upon constitutionally protected freedom of expression.