The economic freedom and screen quota

Abstract

The article objective to analyze the mechanism of the economic obligation to exhibit brazilian cinematographic audiovisual works, as an instrument of prestige to national culture, apparently confrontation for economic freedom and free enterprise. The analysis will include an exposition of the provision of the constitutional text referred to in art. 170, which advocates the economy in the Democratic State, following the principles related to the economic branch with reflection on postal freedoms, the portrait of the adequacy even and even of the constitutional order of intervention, through the granting of constitutional freedom to intervention by the Federal Supreme Court on the subject of screen quota, operated by Provisional Measure nº. 2.228-1, of September 6, 2001, which established a period of twenty years, as of September 5, 2001, the reserve of an annual percentage of Brazilian cinematographic and videophonographic works among its titles, obliging to launch them commercially. As the realization of the guarantee of the full exercise of cultural rights and access to the sources of national culture, the promotion of state intervention touches the effective access to culture, even because it represents a transindividual aspect, insofar as everyone holds the Mas with individualizable legislation, but with individualizable authorization, the culture is experimentally distinct for each person and, that the measure comes from the same guarantee of recognition of the legislator's promise of prestige to a certain extent the national culture, coexisting the legal commandment with economic freedom and free enterprise . So is the present work that aims to seek the aesthetics of constitutionality, in order to provoke legislation on the issue of the subject, even more to find in a federal project of processing in the Legislative Power of similarity.