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

Investimentos internacionais e o turismo em Tibau do Sul/RN

Coordenação de Aperfeiçoamento de Pessoal de Nível Superior

Corpo e fronteira: o diário de Samuel Fritz e a conquista do espaço amazônico

Considering that the Jesuitical tradition which Father Samuel Fritz belonged, has a clear political and institutional dimension that reveals itself in the missionary initiative placed since the Trento Council, his journal is a experience story as missionary at Maynás region during the period from 1686 until 1725. In his narrative, a series of data related to the conquer of Amazonia, conflicts among the Iberic Kingdoms and french, dutches and british, transformation of culture and space close the period of the Madrid Deal. I´ll explore the men and space relationship, in this case, the missionary in his special practice, therefore an effective and geometrical politic for border control was only applied at 1750 with reformist governments and that Amazônia was, until now, an object of autonomous initiatives, not being until now a priority focused state politics action like the ones in the central regions (silver mines) and that the missionary action of Samuel Fritz represented ant that moment represented the most important border advance to the Spanish Kingdom, coinciding with the end of the borders previously set in Madrid and Santo Idelfonso, I´ll put the question of how and with which politics the experience of Fritz in Maynás could represent an advance about Amazônia space. Then I´ll approach the problem about three aspects that are chapters: The first one was focused to the Iberic Kingdoms atlantic politics and the internal geopolitical relationships they created as the centre and the border emerging a new order; in the second chapter I studied the special transformation cause by the encounter and conflicts between the Indian and European order generating a new organization; in the third chapter I´ll examined the political border of the state and the emergency of the missionary body as an institution, with the tradition and missionary action as support, or not, to the exploration of the east border of Spanish America influencing the delimitation process of the border between Portugal and Spain