Direitos culturais e garantia constitucional à cultura: o caso relatório "retrato do acervo" da fundação palmares

Abstract

Given the recent and accentuated discussions about Culture and cultural freedom in our country in the recent years, which arise from the many cases of disrespect of the guarantees present in the Brazilian legal system, this paper aims to discuss the subject of Cultural Rights, and their protections - with the intention of clarifying concepts and notions of this matter, and consequently alerting about the opposite role used by the State based on the directions given by the current government to the theme. Understanding that Culture has a fundamental role in the rule of law, as it is the same means of effectuation, transmission, and maintenance of human productions, the present paper focused on indicating some fundamental notions of what Culture is and its relationship with Law, as this is the core of the discussion about the protection given by the constitutional law in focus. In addition to clarifying the concept of Cultural Rights and its derived protections, and finally with an exemplifying purpose, it brings the analysis of the case report "RETRATO DO ACERVO", conducted by the management of Sérgio Camargo, of the Palmares Foundation, demonstrating the conduct in the opposite direction of what was intended by the constitution, by the Federal Government and its current management. Therefore, not guaranteeing access to culture, but censoring it.