Estado, cinema e direito fundamental à cultura: uma análise das políticas públicas voltadas para a atividade cinematográfica nacional à luz da Constituição de 1988

Abstract

The present study has the general objective of analyzing the impact of federal public policies directed at national cinema in the realization of the fundamental right to culture. For this, initially, the meaning of culture for law is studied, the importance of its normative discipline and culture as an artistic manifestation, more specifically, cinema, highlighting its symbolic, political and economic dimensions. Then, the fundamental juridical protection of the right to culture in the Brazilian legal system is understood through the treatment of the theme given by the 1988 Constitution. for the culture. In addition, an overview of current federal public policies aimed at cinema, which were established after the enactment of the current Constitution, unraveling its main mechanisms. Finally, the impact of these policies is verified through the observation of data referring to the cinematographic market made available by the Government. In order to carry out this research, a qualitative study, of a bibliographical nature, with descriptive analysis, is used, with the use of the results classified as pure, and with descriptive objectives. As a result, it is understood that the analyzed public policies contributed to the realization of the fundamental right to culture, but there is still much to advance in relation to the observance of constitutional values for this realization, notably with regard to the democratization of the means for creation and fruition, with equal conditions of access and promotion of diversity.