Desburocratizar para democratizar: fomento público à cultura e suas implicações jurídico-institucionais

Abstract

The new cultural laws, such as Aldir Blanc, Paulo Gustavo, and Aldir Blanc 2, arising from a simultaneous context of pandemic, demobilization of public policies, and cultural war, enabled an unprecedented allocation of resources for direct cultural promotion and demanded a collective effort to interpret and simplify the promotion mechanisms, aiming at speed and democratization of access to resources. Based on these normative and political experiences, this research aims to analyze the legislation and its mechanisms for direct cultural promotion, positioning them as instruments of public policies, seeking to highlight possibilities and strategies for “desburocratização” (here called vectors) and their impacts concerning the democratization of access to public resources and the consolidation of cultural democracy. "Burocratização" is characterized as a dysfunction of bureaucracy, designating the exacerbation of its typical characteristics to the point of subverting its technical purposes, becoming inefficient and hindering the full exercise of cultural rights. The research starts with an investigation into the notions of citizenship, democracy, and cultural rights, and their articulation with public policies for cultural promotion. It then addresses state bureaucracy, from the first systematized incidences by Weber to current reflections on bureaucratic obstacles in the cultural sector. This is followed by a brief history of cultural legislation prior to 2020 and a detailed analysis of the emergency and emerging cultural laws, including the innovations of the Regulatory Framework for Cultural Promotion. Finally, the assumptions, instruments, and the new legal regime for cultural promotion are systematized, which, together with the vectors of “desburocratização” and democratization consolidated in the legislation, constitute the new paradigm of cultural promotion.