Chapter 3b and 4

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November 20, 2021

Section 2: Culture

Article 215. The state shall ensure to all the full exercise of the cultural rights and access to the sources of national culture and shall support and foster the appreciation and diffusion of cultural expressions. (CA No. 48, 2005)

Paragraph 1. The State shall protect the expressions of popular, Indian and Afro-Brazilian cultures, as well as those of other groups participating in the national civilization process.

Paragraph 2. The law shall provide for the establishment of commemorative dates of high significance for the various national ethnic segments.

Paragraph 3. The law shall establish the National Culture Plan, in the form of a multiyear plan aimed at the cultural development of the country and the integration of government initiatives to attain the following:

  1. protection and appreciation of the value of Brazil’s cultural heritage;
  2. production, promotion, and diffusion of cultural goods;
  3. training of qualified personnel to manage culture in its multiple dimensions;
  4. democratization of access to cultural goods;
  5. appreciation of the value of ethnic and regional diversity. Article 216. The Brazilian cultural heritage consists of the assets of a material and immaterial nature, taken individually or as a whole, which bear reference to the identity, action and memory of the various groups that form the Brazilian society, therein included: (CA No. 42, 2003)
  6. forms of expression;
  7. ways of creating, making and living;
  8. scientific, artistic and technological creations;
  9. works, objects, documents, buildings and other spaces intended for artistic and cultural expressions;
  10. urban complexes and sites of historical, natural, artistic, archaeological, paleontological, ecological and scientific value. Paragraph 1. The Government shall, with the cooperation of the community, promote and protect the Brazilian cultural heritage, by means of inventories, registers, vigilance, monument protection decrees, expropriation and other forms of precaution and preservation. Paragraph 2. It is incumbent upon the Government, in accordance with the law, to manage the keeping of the governmental documents and to make them available for consultation to whomever may need to do so. Paragraph 3. The law shall establish incentives for the production and knowledge of cultural assets and values. Paragraph 4. Damages and threats to the cultural heritage shall be punished in accordance with the law. Paragraph 5. All documents and sites bearing historical reminiscence to the ancient communities of runaway slaves are protected as national heritage. Paragraph 6. The States and the Federal District may assign up to five tenths per cent of their net tax revenues to a state fund for the promotion of culture, for the 146 purpose of funding cultural programs and projects, the utilization of such funds for the payment of the following items being forbidden:
  11. personnel expenses and social charges;
  12. debt servicing;
  13. any other current expense not directly related to the investments or actions supported by said programs.

Section 3: Sports

Article 217. It is the duty of the State to foster the practice of formal and informal sports, as a right of each individual, with due regard for:

  1. the autonomy of the directing sports entities and associations, as to their organization and operation
  2. the allocation of public funds with a view to promoting, on a priority basis, educational sports and, in specific cases, high performance sports
  3. differentiated treatment for professional and non-professional sports
  4. the protection and fostering of sports created in the country.

Paragraph 1. The Judicial Power shall only accept legal actions related to sports discipline and competitions after the instances of the sports courts, as regulated by law, have been exhausted. Paragraph 2. The sports courts shall render final judgement within sixty days, at the most, counted from the date of the filing of the action. Paragraph 3. The Government shall encourage leisure, as a form of social promotion.

CHAPTER 4: Science and Technology

Article 218. The State shall promote and foster scientific development, research and technological expertise.

Paragraph 1. Basic scientific research shall receive preferential treatment from the State, with a view to public well-being and the advancement of science.

Paragraph 2. Technological research shall be directed mainly to the solution of Brazilian problems and to the development of the national and regional productive system.

Paragraph 3. The State shall support the training of human resources in the areas of science, research and technology and shall offer special work means and conditions to those engaged in such activities.

Paragraph 4. The law shall support and foster the companies which invest in research, creation of technology appropriate for the country, training and improvement of their human resources and those which adopt remuneration systems that ensure employees a share of the economic earnings resulting from the productivity of their work, apart from the salary.

Paragraph 5. The states and the Federal District may allocate a share of their budgetary revenues to public entities which foster scientific and technological education and research.

Article 219. The domestic market is part of the national patrimony and shall be supported with a view to permitting cultural and socio-economic development, the well-being of the population and the technological autonomy of the country, as set forth in a federal law.

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