A polícia das artes na Constituição de 1988: uma defesa da liberdade artística contra a censura

Abstract

With the redemocratization, the Censorship apparatus that operated under the previous dictatorial regime collapsed. In the 1988 Constitution, in its broad charter of fundamental rights, it enshrined artistic freedom, but, currently, the number of cases of censorship is growing. In this context, this study focuses on the hypothesis that, although there has been a deconsolidation of the state structure of censorship of the arts in Brazil with the redemocratization, censorship mechanisms of police operation remain in operation, mincing the instruments that we operate artistic freedom, based on in political and moral justifications. In order to elaborate such a hypothesis, movements are made at three levels. In the foreground, we will present a request between the foundations of the constitutional protection of artistic freedom and censorship, which hinders the realization of this right throughout Brazilian history. On the second level, starting from this acceptance and from a definition of censorship that presents itself through the police power in the structures of public promotion of the arts, enabling its recovery in the current moment of democratic erosion. Finally, on a third level, we will seek legal answers to this problem, a return to the scope of protection of freedom of art and the proposition of parameters for restrictions on this right.