O direito de acesso à cultura dos cegos e das pessoas com deficiência visual

Abstract

The central objective of this research has been to investigate the effects of the right of access to culture for people with visual impairment on the limitations and exceptions to copyright in Brazil, under the prism of constitutional legality. Methodologically, the techniques used were mainly bibliographical and documental research, with emphasis on scientific productions contained in dissertations, theses, books and scientific articles. The recognition of the right of access to culture and of the cultural vulnerability of the visually impaired are normatively consolidated with the UN Convention on the Rights of Persons with Disabilities (CRPD), the Statute of the Person with Disabilities (EPD) and the Marrakech Treaty, but only partially reflected in the copyright legislation, which protects artistic and scientific expressions by means of the attribution of a temporary exclusivity of use. Among the conclusions there were identified some uses of copyright works not foreseen among the limitations and exceptions expressly indicated in the copyright law, but essential to the realization of the right of access to culture by the visually impaired. Thus, it was concluded that besides the right of adaptation of the works in accessible format to people with visual impairment, foreseen in the law, also, from a unitary and constitutional interpretation of the legal system and balancing between the rights in question, the institutional making available and sharing of protected textual works in accessible format can be legally done, without authorization or remuneration to the owners of the works. And, furthermore, the participation of cultural experiences is essential to the development of individual and collective identities, and the several manifestations of the person as a "cultural being". The difficulties and practical challenges for the accomplishment of these commands are illustrated through the analysis of the actions of the Brazilian Network of Studies and Adapted Contents (REBECA), which, through the collaborative work of the participating institutions, freely adapt the works, make them available to the beneficiaries and share among themselves adapted copies in an accessible format corresponding to the specific needs of people with visual impairment, regardless of the consent of the copyright owners, and, according to the conclusion of this work, without it representing a violation to copyrights.