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

Reflexões filosóficas em torno da constituição do sujeito religioso-moral no pensamento de Freud

The present research deals with a philosophical reflection about the constitution of the subject religious and moral in the thought of Freud, starting from of question of religion while one of the various spaces concretion of the individual morality. Our hypothesis is that religion presents itself as a space of revival of the primary relationship with the mother of the subject and as a moral agency. That primary relationship corresponds to the period before the Oedipus complex. The cut caused in the Oedipus complex sake in the an emptiness the subject, leading him to a situation of helplessness. In trying to fill the emptiness and consequently out of the situation of displeasure occasioned by the helplessness, the individual seeks diverses means, between which, the religion. The religion, that sense, quest for one part, that support be filling of the existential emptiness, triggered in the Oedipus complex, and on the other, works as a staunch ally of the Superego, which for turn is direct heir of the Oedipus complex and whose function is to require of the subject to moral living, as is established by the social body, where the individual is inserted. Therefore, we seek to draw this subject starting from general ideas of the philosophy, about the moral, as well as some theoretical elements of freudian thought, since his idea of the origin of the culture, morality and religion the more specific elements that pertain to the individual subject, ie, the psychism