Manifestações musicais no Brasil: direito à cultura e liberdade de expressão

Abstract

It is analyzed the right to freedom of expression within a cultural and constitutional perspective, considering the lack of limits on musical expression nowadays and taking into account the great recurrence of conflicts between constitutional values such as freedom of musical expression, equality and privacy. Hence, it will be held, initially, a brief history of the right to freedom of expression and cultural rights between the years 1945 and 1964. Afterwards, it will be explained as the military dictatorship in Brazil emerged and how music was an important form of protest against censorship and authoritarian regime. It will also be discussed over national and international development of the right to freedom of expression and cultural rights, regarding the enactment of the Constitution of the Federative Republic of Brazil (1988) and various international treaties signed in the area. Then, it will be analyzed the cultural events of the 1990s, as a result of redemocratization and cultural pluralism guaranteed by CFRB/1988. In addition, it will be clarified the essence of fundamental rights and the reason of their importance in the current legal system, and it will also be explained the weighting values technique and its performance in a conflict between fundamental rights. Finally, it will be ascertained the consequences of new musical genres emergence and the negative impact they may pose to certain constitutional values, taking into account the conflicts solved by brazilian courts in the last twenty years. It is concluded the prevalence of freedom of expression, provided that the offense to the fundamental law has not been extremely severe.