Liberdade de expressão artística: concepções filosóficas, fundamentalidade constitucional e política da pluralidade

The right to artistic expression, freedom granted in the western democratic constitutionalism, is a fundamental right that cyclically, compared to other cohesive rights of expression, has been forgotten and put in an irrelevant juridical-dogmatic position. The first reason for this behaviour that disesteems artistic freedom is the valorisation of rationalism and scientificism in the modern society, subordinating academic researches to utilitarianism, relegating the purpose of feelings and spirituality on men s elocution, therefore, we investigate, guided by philosophy, the attribution of art on human formation, due to its capacity in harmonising reason and emotion. After that, we affirm the fundamental right to artistic expression s autonomy in the 1988 valid constitutional order, after a comparative explanation of freedom in the Fundamental Laws of United States, Portugal, Spain and Germany; and the construction historic-constitutional of the same right in the Brazilian Constitutions. In this desiderate, the theoric mark chosen is the Liberal Theory of the fundamental rights, guiding the exam through jusfundamental dimensions: juridical-subjective and juridical-objective. Whilst the first, classical function of resistance, delimitates the protection area of the artistic expression right from its specific content, titularity and its constitutional and subconstitutional limits, the other one establishes it as cultural good of the Social Order, defining to the State its rendering duties of protection, formation and cultural promotion. We do not admit artistic communication, granted without legal reserve, to be transposed of restrictions that belong to other fundamental rights and, when its exercise collides with another fundamental right or juridical-constitutional good, the justification to a possible state intervention that tangentiates its protection area goes, necessarily, through the perquisition of the artist s animus, the used method, the many viable interpretations and, at last, the correct application of the proportionality criteria. The cultural public politics analysis, nevertheless, observes the pluralism principle of democratic substratum, developer of the cultural dialogue and opposed to patterns determined by the mass cultural industry. All powers are attached, on the scope of its typical attributions, to materialise public politics that have the cultural artistic good as its aim, due to the constant rule contained in §1, art. 5º of the Federal Constitution. However, the access and the incentive laws to culture must be constantly supervised by the constitutional parameter of fundamental right to equality

Indústria cultural e forró eletrônico no Rio Grande do Norte

The present study aimed to understand how and to what extent the electronic forró, currently hegemonic in the music market in the state of Rio Grande do Norte, establishes and maintains relations of domination in the social contexts in which it is produced, transmitted and received. Based, in significant form-content, on the writings of the first generation of theorists of the so-called Frankfurt School (Critical Theory), particularly with Theodor W. Adorno, and systematically using the contributions of the Cultural Studies (from the Centre for Contemporary Cultural Studies of Birmingham) and of the sociology of Pierre Bourdieu, this study aimed to perform, in the fertile intersection of these references, a critical possibility of interpretation of the electronic forró predominantly spread in the state of Rio Grande do Norte. To this end, aiming at a better apprehension of the so-called capital circuits/culture circuits , this study resulted from a qualitative investment of research, based on structured interviews with musicians, entrepreneurs of the sector and music consumers, as well as on the analysis of the themes contained in the official discography of the electronic forró band called Garota Safada (Shameless Girl). As a general empirical conclusion, it was possible to infer that far from the significant presence of domination or mere prevalence of oppositions, there is a relational pluralism of forms of domination and ways of resistances present in the production and consumption of electronic forró, regardless of gender, age, income, education or place of residence. However, the artifices of the cultural industry has been shown to be efficient: from large-scale businessmen to small producers enabled by the so-called open markets . The currentness of the concept of cultural industry is based on the idea that its products are offered systematically (the systematic insistence of everything to everyone) and on the notion that its production primarily meets the administrative criteria of control over the effects on the receiver (capacity of prescription of desires). Thus, the Adornian reflection on the pseudo-individualization leads to the inference that even in some of the most apparent ways of negotiation and/or refusal regarding the consumption of forró, certain behaviors of the cultural industry still prevail both in the very (re)interpretation of the forró and in the choice of other music genres also standardized, rationalized and massified. Therefore, despite the absence of cause-effect relation and the recognition of the popular capacity of re-elaboration and contestation of the media consumption, some world views prevailing in relation to the electronic forró establish or, at least, support some hegemonic ideologies, especially those concerning the life style, consumption and genre relations (fun by all means). Therefore, due the massification of certain songs, some ways of dissemination of values, beliefs and feelings are potentially experienced from the electronic forró. So, it is presumable that in the current advance of the process of semiformation (Halbbildung), the habitus of a part of the youth from the state of Rio Grande do Norte reinforces and is reinforced by the centrality of the trinomial fun, love and sex present in the songs, emphasized in some constructive practices of sense and in certain flows of social significance