A/HRC/17/38/Add.1
various groups that form Brazilian society, including forms of expression, ways of living
and creation, scientific, artistic and technological creations, works, objects, documents,
buildings and other spaces intended for artistic-cultural manifestations, urban complexes
and sites with historical, landscape, artistic, archaeological, paleontological, ecological and
scientific value (article 216.6). Group actions to protect and redress damages to cultural
heritage have been recognized in the Constitution (article5, LXXIII) and in Law 4.717 of
1965.
26.
The protection of cultural rights with respect to education and the use of languages
is also recognized by the Federal Constitution, which underscores that elementary school
curricula shall respect national and regional cultural and artistic values (article 210).The
Constitution recognizes specific rights of indigenous peoples (articles 210.2, 231 and 232)
and encourages international cooperation in the area of culture and cultural integration
within Latin American countries (article 4). The Act of Constitutional Temporary
Provisions also recognizes specific rights to Quilombo communities9 (article 68).
Legislation on tax incentives to promote culture
27.
The Federal Constitution provides the basis for adopting legislation on tax
incentives to promote culture (article 216.6). Law 8.313 of 1991 (known as the Rouanet
Law) created the National Programme to Support Culture (PRONAC). The law enables tax
payers to benefit from tax exemptions for sponsoring or making donations to cultural
projects. The independent expert was able to visit projects sponsored and implemented
under this law, namely those of the Social Service of Commerce (SESC) in São Paulo,
which offers a wide variety of cultural services and infrastructural support, among other
things, for digital inclusion, promoting fine arts, cinematography, literature, and cultural
performances, such as dance and theatre, with provisions for persons with various
disabilities.
28.
This law is an important tool for the promotion of cultural productions, and concern
was expressed at the lack of universal coverage. An amendment bill under consideration
proposes the creation of five new funds in addition to the existing one for audiovisuals.
These include a proposed global fund for equality to sponsor cross-cutting issues and
thematic cluster funds in the areas of arts, books and reading, diversity, citizenship and
access, memory and Brazilian cultural heritage.
Legislation on education and cultural diversity
29.
Brazil has adopted measures to promote appreciation for the value of cultural
diversity in Brazil, including the adoption of laws on the cultures of indigenous peoples and
Afro-descendents. These include Law 10.639 of 2003 which introduces the compulsory
study of the general history of Africa and the history of people of African descent in Brazil,
in primary and secondary schools, and Law 11.645 of 2008 which seeks to promote public
awareness of indigenous cultures and rights in the media and in the general education
system.
30.
Stakeholders highlighted numerous factors that prevent the effective implementation
of this law, such as the lack of appropriate pedagogical materials, adequately trained
teachers, as well as insufficient coordination between the education authorities and other
relevant State institutions. While teaching materials are being developed by public
institutions, the need to enhance support, diversify educational staff to include persons of
African descent as well as indigenous peoples, and to include them in these endeavours was
9
8
Descendents of slaves brought to Brazil.