O projeto de reforma da lei nº 8.313/91 (lei rouanet) no atual contexto das leis de incentivo à cultura no Brasil, à luz do disposto nos artigos 215 e 216 da constituição federal de 1988

Abstract

The main objective of this study is to analyze the reform project of Law No. 8.313/91 (commonly known as Rouanet Law) and its impact on the current context of Cultural Incentive Law in Brazil, studying the actual effectiveness of current and potential mechanisms implementation of the standard prepared in the art. 215 of the Federal Constitution. More specifically, we studied the provisions contained in the original Law and social impacts generated by it in those over 20 years of duration, in order to observe whether there was indeed significant changes in the setting of cultural production in the country. It was necessary to discuss about the concept of "culture" and “cultural heritage” , contained in the Brazilian legal system, with the aim of examining whether there is indeed a state protection in order to protect them and encourage them . Moreover, there was a study about the whole historical context of protecting and promoting culture in Brazil, from independence until the present day. Finally, all current mechanisms for encouraging culture in the country were mentioned, namely, the Audiovisual Law, the PRONAC, the FNC, the FICART, the ANCINE, etc. with emphasis on their logistics, their virtues and their defects.