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Brazil 2016 report

Technical Information
Name of Party: 
Brazil
Date of ratification: 
1/1/2007
Organization(s) or entity(es) responsible for the preparation of the report: 
Ministry of Culture
Officially designated Point of Contact: 
Title: 
Ms
First Name: 
Giselle
Family Name: 
Dupin
Organization: 
Ministry of Culture
Mailing Address: 
Esplanada dos Ministérios, bloco B, 4º andar CEP 70068-900 – Brasilia – Brazil
Telephone: 
556196973745
Fax: 
E-mail: 
giselle.dupin@cultura.gov.br
Name of stakeholders, including civil society organizations, involved in the preparation of the report: 
Name: 
José Márcio Barros
Position: 
Executive Coordinator
Organization: 
Cultural Diversity Observatory (ONG)
Name: 
Giordanna Santos
Position: 
Board Member
Organization: 
National Board of Cultural Policies
Name: 
Wellington Silva
Position: 
Board Member
Organization: 
National Board of Cultural Policies
Describe the multi-stakeholder consultation process established for the preparation of this report: 

The participation of citizens in the management of public policies and the government decisions has been one of the pillars of the policies of the Brazilian State, expressed, among other initiatives, in the institutionalization of joint committees. In the area of culture, the national culture conferences, the National Board of Cultural Policy (Conselho Nacional de Política Cultural), created in 2005, and the National Comission of Cultural Incentive (Comissão Nacional de Incentivo à Cultura) express it. The elaboration of this report was carried out by a Work Group of the Ministry of Culture and then submitted to the referred institutions for validation. This survey was conducted by means of the web platform of the National Board, and included a meeting held via web conference for further clarification about the report's coverage. The Work Group has also collected, with the collaboration of Observatório da Diversidade Cultural, a non-governmental organization that conducts research and action programmes involving cultural diversity and the challenges of the 2005 Convention.

Executive Summary
Please summarize in max 3500 characters the main achievements and challenges in implementing the Convention and the outlook for the future. Please note this is not an introduction to the report or an annotated table of contents.: 
In Brazil, the 2005 Convention contributed for the establishment of national legal framework that sustain the public policies of protection and promotion of diversity of cultural expressions, such as Law nº 13018/2014, which institutes the “Cultura Viva” National Policy; Law Nº 12853/2013, which alters the legal framework of the copyright policy with the introduction of its collective management; Law nº 12761/2012 that institutes the Worker's Culture Programme, known as Vale-Cultura [culture voucher]; and its regulation, in 2015, by Decree Nº 5820/2006, which institutes the Brazilian System of Terrestrial Digital Television, with four new public channels.The challenges proposed by the Convention have also contributed for the process of formulation of guidelines and reflections about the protection and promotion of cultural diversity in Brazil, by alliances and exchange with civil society about public cultural policies. It was also important to reinforce and expand the understanding and appreciation by the society at large of the role of developmental role of culture and, as a result, of public cultural policies as vectors of sustainable development.One of the challenges for the implementation in Brazil of the 2005 Convention is the difficulty in establishing a process of effective integration among other government areas based on the transversal character of culture. Another challenge is the asymmetrical assimilation of the strategic principles and goals of the Diversity Convention by civil society and the federal spheres (Union, States and Municipalities), largely motivated by the fact that the expression "cultural diversity" was consolidated after the 2001 Universal Declaration of Cultural Diversity which is associated with cultural pluralism and human rights. Hense, the Ministry of Culture has been taking advantage of several opportunities to meet with civil society and raise awareness and debate about the Convention goals throughout the country.For the near future, the government has been working toward the improvement of the National System of Cultural Indicators and Information, which collects, codifies and interprets data, offers methodologies and establishes parameters for measuring cultural activities and social cultural demands, allowing the formulation, monitoring, management and assessment of public policies for culture as well as cultural policies.
Overview of cultural policy context
Parties shall describe the key objectives and priorities of their current cultural policy and the impact the Convention has had in their formulation or reformulation. They will also report on the opportunities and challenges to promote the diversity of cultural expressions in a digital environment.: 

The new context generated by the growing impact of the digital environment over human relations brings a series of opportunities and challenges for the full achievement of freedom of expression and cultural rights. The expansion of the internet may contribute to the growing exercise of freedom of expression by facilitating the generation and dissemination of content, which, in its turn, favors the expansion of cultural diversity. However, it is essential to recognize that the main digital platforms operate as major public spaces of information circulation, with a strong tendency toward concentration, giving its controllers the power of decisively influencing the production and diffusion of culture in a global scale.The subject surpasses national frontiers, taking on the condition of a global problem and therefore demanding global solutions. Aware of the relevance of the subject and its impact upon social and human development, the Ministry of Culture has been making efforts to discuss it in multilateral instances such as MERCOSUR (South Common Trade), UNASUR (Union of South American Nations), CELAC (Community of Latin American and Caribbean States), and OAS (Organization of American States) as well as international organisms such as WIPO (World Intellectual Property Organization). In those international forums, the Ministry of Culture has been constructing a joint strategy for tackling several matters of major social and economic impact regarding cultural rights on the internet. The subject involves sensitive aspects such as ensuring freedom of expression, access and diffusion of the diversity of cultural expressions, and the management of author's rights. Presently, the Ministry continues making efforts to open up new conversation paths with other relevant instances such as UNESCO, with a focus on the Cultural Diversity Convention, and the United Nations High Commissariat for Human Rights.

Has the Convention been integrated into the policy development process in any of the following ways?: 
a) It is (or has been) the basis for changing one or more policies?: 
Yes
How: 
The Ministry of Culture has been promoting opportunities to discuss the Convention, as well as culture public policies in Brazil. In 2015, those opportunities were: cultural line up and talks during event celebrating the World Cultural Diversity Day, 21 May, in partnership with the Secretariat of Culture of Distrito Federal; and the International Seminar on Culture and Development, celebrating the ten years of the 2005 Convention.
b) It is (or has been) a tool to promote policy discussion?: 
Yes
How: 

The Ministry of Culture has been promoting opportunities to discuss the Convention, as well as culture public policies in Brazil. In 2015, those opportunities were: cultural line up and talks during event celebrating the World Cultural Diversity Day, 21 May, in partnership with the Secretariat of Culture of Distrito Federal; and the International Seminar on Culture and Development, celebrating the ten years of the 2005 Convention.

c) It is (or has been) a reference for ongoing policy development?: 
Yes
How: 

The 2005 Convention inspired the National Policy for “Cultura Viva”, instituted by Law No. 13018/2014 and cited on national notices, published by the Secretariat of Citizenship and Cultural Diversity of the Ministry of Culture, as well as several other state and municipal notices. In line with article 11 of the Convention, the participation of civil society in the discussion, elaboration and overseeing of culture public policies has been growing stronger by means of committees, Work Groups and several other instances of social participation and shared management.

❭ CULTURAL POLICIES AND MEASURES

Incentives for Cultural Projects (Fiscal Incentive or Patronage) – mechanism of the National Program of Support to Culture.

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

(i) to open up free access for all to sources of culture and the full exercise of cultural rights; (ii) to promote and stimulate the regionalization of the Brazilian cultural and artistic production, with the enhancement of human resources and local content; (iii) to support, appreciate and diffuse the entirety of the cultural manifestations and its creators; (iv) to protect the cultural expressions of the groups that make up the Brazilian society, who are responsible for the pluralism of national culture; (v) to safeguard the survival and flourishing of the ways of making, doing and being of Brazilian society; (vi) to preserve tangible and intangible assets of the Brazilian historical and cultural heritage; (vii) to develop international awareness and respect to cultural values of other peoples or nations; (viii) to stimulate the production and diffusion of cultural assets of universal value, creators of knowledge, culture and memory; (ix) to prioritize the country's own cultural product.

c. What is: 
c.1. the scope of the measure: 
Local
Regional
National
c.2. the nature of the measure: 
legislative
financial
institutional
c.3. the main feature of the measure: 

Nation-wide public policy created in 1991 based on the mechanism of fiscal revenue waiver by the State. The federal government allows people or businesses opt for the application of portions of their Income Revenue Tax, as donation or sponsoring, toward direct support of cultural projects or in the form of contributions for the National Culture Fund. Modalities: Incentive to cultural and artistic training: includes grants for research, studying and working either in Brazil or abroad, to authors, artists and technicians; awards for creators, authors, artists, technicians and their works, movies, music concerts, theater performances in festivals and contests in Brazil; implementation and maintenance of formation and refresher courses for culture personnel in non-profit education venues; Fostering cultural and artistic output: production and preservation of music records, videos, movies and other forms of audiovisual reproduction; publication of works concerning human sciences, letters and the arts; exhibitions, art festivals, drama, music and folklore productions; coverage of transportation expenses and insurance of objects of cultural value destined for public exhibition in the country and abroad; exhibitions, art festivals and plays or similar; Preservation and diffusion of artistic, cultural and historical heritage; restoration of works of art and movable and immovable assets of acknowledged cultural value; protection of folklore, crafts and national popular tradition; Reinforcement of knowledge about cultural assets and values: public distribution of tickets to cultural and artistic performances; surveys, research and studies in the areas of culture; provision of resources for cultural foundations and funds with specific ends or for museums, libraries, archives or other cultural entities; Support to other cultural and artistic activities in the country and abroad; hiring of services for the elaboration of cultural projects.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
No
e. What are the results expected through the implementation of the measure?: 

To increase the amount of resources destined for the culture sector and to diversify funding possibilities, by means of private initiative participation, as well as the business market and the citizens by bringing resources into the culture field.

f.2 Financial resources allocated to implement the measure: 

Between 2012 and 2015, the Federal Government has invested 965,035,878.10 USD, via waiver of revenue (Source: System of Support to the Culture Incentive Laws, in 15 June 2015). For more details, see Additional Annex I.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
No
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Política Nacional de Cultura Viva [“Cultura Viva” National Policy]

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The Ministry of Culture defined social inclusion through culture as a strategic priority for the 2013/2014 biennial. With that, it became essential to consolidate and expand the “Cultura Viva” Program, created in 2004, and characterized as an integrated fostering policy, with the participation of partner federal organs as well as state, district and municipal governments and civil society.  This was achieved by means of Law no. 13018 of 22 July 2014, which represented the transformation of the “Cultura Viva” Program of the Ministry of Culture into a State Policy – the “Cultura Viva” National Policy.Cradled on the democratic mechanisms of dialogue and participation, the Policy of  “Cultura Viva” has the following goals: i) to guarantee the full exercise of cultural rights by Brazilian citizens, providing them the necessary means and resources to produce, record, manage and broadcast cultural initiatives; ii) to stimulate social leadership in the elaboration and management of public culture policies; iii) to promote a shared and participatory public management cradled in the democratic mechanisms of dialogue with civil society; iv) to consolidate the principles of social participation in cultural policies; v) to guarantee the respect to culture as a civic right and a right to cultural diversity as a symbolic expression and as economic activity; vi) to foster existing cultural initiatives by means of the devices available to the Union, the States, the Federal District and the Municipalities; vii) to promote access to means of enjoyment, production and broadcasting of culture; viii) to boost cultural initiatives, with a view to the construction of new values of cooperation and solidarity, and to expand education tools with education;  ix) to foster the exploration, use and appropriation of the artistic codes and languages as well as public and private spaces made available for cultural action.

c. What is: 
c.1. the scope of the measure: 
Local
Regional
National
c.2. the nature of the measure: 
legislative
financial
institutional
c.3. the main feature of the measure: 

The instruments are: i) the Pontos de Cultura [Culture Points]: groups, collectives and private law businesses that are non-profits, which conduct cultural activities with local communities; ii) the Pontões de Cultura [Big Culture Points]: entities that articulate and train a certain number of Culture Points through exchange, fostering of cultural-artistic action, management training, digital culture, among others; iii) the National Register of Culture Points and Big Points – mechanism of insertion, certification, monitoring and assessment of the entities that are involved in this Policy. It is one of the Ministry's policies with greater capillarity and visibility in the national territory. There are Culture Points in all of the 26 Brazilian states and in the Federal District, as well as in over one thousand municipalities (19% of the total). Moreover, the policy has international repercussion, as it inspired the creation of similar policies in several countries in Latin America, such as Argentina, Chile, Colombia, Costa Rica and Peru, among others. It also inspired the creation of the international cooperation program IBERCultura Viva, within the scope of the Iberian-American General Secretariat.* “Cultura Viva” policy has acquired legal character with the edition of Law nº 13018/2014, by which it is instituted. It is supported by public funds from the federative entities – the Union, the states, the Federal District and the municipalities, and it is organized transparently, via public selection call notices.* This policy was conceived to expand the access of the Brazilian population to means of cultural production, circulation and enjoyment, with a focus on diversity and civic impact. Both Points and Big Points organize bodies of civil society that function as beacons of culture, incorporating, even, an anthropological approach to the field, going beyond traditional cultural output, with an emphasis on transversality and shared management between the public authority and the community.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

Before the edition of the “Cultura Viva” National Policy, it became evident that the Brazilian State lacked proper mechanisms to effectively fund and propel policies focused on the diversity of cultural expressions and their preservation aimed at the sustainable development of the country. It was, therefore, urgent and necessary to furnish the “Cultura Viva” program with well-designer legal instruments capable of guiding the consolidation of strategic goals founded on the exercise of cultural civic virtues.* Considering the period between 2012 and 2015, the total amount of allocated resources in the implementation of the program that became the “Cultura Viva” Policy reached 71,385,029.05 USD.

f.2 Financial resources allocated to implement the measure: 

Considering the period between 2012 and 2015, the total amount of allocated resources in the implementation of the program that became the “Cultura Viva” Policy reached 71,385,029.05 USD.

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Name: 
Comissão Nacional de Pontos de Cultura [National Committee of Culture Points]
Type of Entity: 
NGO
Type of Involvement: 

It is a permanent instance of political-cultural action and representation, for the identification of demands and elaboration of proposals toward the development of cultural public policies and actions in the country. Its goals are: strengthen the Culture Points network; elaborate cultural policy and shared management proposals, especially referring to the “Cultura Viva” National Policy; propose new legal frameworks that reinforce the status of culture as a civic right, as well as to articulate, mobilize and contribute to the empowerment of forums, state and regional networks of Culture Points.The “Cultura Viva” National Policy was set up in close collaboration with civil society, with shared management as one of its basic tenets, founded on the understanding that the beneficiaries of the Program are also essential actors for its management. Since the creation of the Program, in 2004, the administrative environment of this public policy includes mechanisms of representation and participation that are continuously improved, such as panels, committees, collegiates and boards.It was verified during the implementation of the Program that the role of the Culture Points in our society transcends its stricto sensu cultural action. The “Cultura Viva” program has created a space for the strengthening of the leadership of managers of Points in their original environments, and for a broader construction of cultural policies. Beyond that, more recently the articulation with social and cultural movements has intensified, as well as the activation of independent networks and circuits.

Name: 
State and Municipality Culture Points Committees
Type of Entity: 
NGO
Type of Involvement: 

To contribute to the identification of demands and the joint elaboration of proposals of cultural policies and shared management.

Name: 
Thematic technical committees and work groups of the Ministry of Culture
Type of Entity: 
NGO
Type of Involvement: 

To contribute to the identification of demands and the joint elaboration of proposals of cultural policies and shared management. Examples of committees and work groups of the Ministry of Culture that include representatives of Culture Points: Cultural Accessibility WG, Indigenous WG, Peoples and Communities of African Origins WG, LGBT (Lesbian, Gay, Bi-sexual, Trasvestites, Transexual and Transgender) Culture Technical Committee.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
No
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
Yes
i.1 At what level the evaluation was conducted?: 
National
i.2 What were the main conclusions?: 

Several studies have been conducted since the very moment of the creation of the “Cultura Viva” Program in 2004, including: i) Research in partnership with the Institute of Applied Economic Research (IPEA), in 2010, entitled Avaliação do Programa Arte, Educação e Cidadania [Assessment of the Art, Education and Civic Rights Program], based in a sample group of 526 Culture Points; ii) Research in partnership with IPEA, in 2011, entitled Cultura Viva: As Práticas de Pontos e Pontões [“Cultura Viva”: The Practices at Points and Big Points]; iii) Research in partnership with IPEA, in 2011, entitled Olhares sobre o Programa Cultura Viva [Views about the “Cultura Viva” Program]; iv) Other studies, academic researches and dissertations about the subject are listed in Additional Annex III.One of the studies conducted was the research project entitled "Cultura Viva Program: social impact and transformations", by the Observatory of Cultural Public Policies of the University of Brasília, which reached the following conclusions: in many cases, the activities offered by the Culture Points are the only cultural options within a radius of many municipalities; the actions perpetrated by the Culture Points go beyond offering courses to meet a local demand, because many of them act directly upon the rescuing of lost, denied or hidden values and identities. With a few exceptions, the courses involve non-hegemonic cultural practices that cannot traditionally be found in official art schools, such as hip hop, capoeira, circus and Afro-Brazilian fashion, among others. This offering of diverse courses in the cultural field expands the possibilities of professional placement of people that had never thought about them before and end up effectively working in the area; even when the Culture Points are dedicated to audiovisual and film courses, their productions always appreciate local cultural output (peripheral in terms of neighborhoods or cities); the non-interference of the State in the choices of which actions can or should be conducted at

i.3 Which indicators were used to determine impact?: 

In 2015, an agreement between Unesco and the Secretariat of Citzenship and Cultural Diversity provided resources for the hiring of consultants to assess the state of the art of the process of implementation of the “Cultura Viva” National Policy, which should include the production of diagnoses on the functioning status of state and municipal networks and pari passu monitoring of the process of implementation of the National Register of Culture Points and Big Points, as well as the proposition of indicators and a plan for the training of managers to provide for the Policy's monitoring process itself.
❭ CULTURAL POLICIES AND MEASURES

Programa Brasil de Todas as Telas [Brazil of All Screens Program]

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The program has two goals: (i) to expand independent audiovisual production with quality and diversity; (ii) to identify and develop regional audiovisual production arrangements; (iii) to foster the growth of cable television and on-demand video platforms, with a view toward the strengthening of Brazilian content providers; (iv) to foster the development of the content licensing market; (v) to promote an environment of innovation and competition, of partnership between providers and independent production companies, and of attention and respect toward the consumer; (vi) to heighten the international competitiveness of Brazilian audiovisual companies.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
legislative
regulatory
financial
c.3. the main feature of the measure: 

The scope of the measure is national and its nature is legislative and regulatory (Law nº 12485/2011; Law nº 11437/2006 and Normative Instruction no. 100/2012). The Brazil of All Screens Program, launched in July 2014, was created to act upon the expansion of the market and the universalization of access to Brazilian audiovisual works, with the aim of turning the country into a relevant center of production and broadcasting of audiovisual content, and was formulated by the National Cinema Agency, in partnership with the Ministry of Culture, with the collaboration of the audiovisual sector through their representatives in the Management Committee of the Sectorial Fund for Audiovisual.The program uses resources from the Sectorial Fund for Audiovisual but juxtaposes different modalities of financial operation and articulates public-private partnerships, proposing new business models. Added to the lines of funding operated by the Sectorial Fund for Audiovisual since 2002 were: initiatives with the production line for public channels (community, academic, educational and cultural) in the 27 states of the country; the new Automatic Financial Support System, which injects funding in the companies that show commercialization results, viabilizing their planning; international partnerships and low budget and documentary call notices through activities coordinated by the Secretariat of Audiovisual of the Ministry of Culture; incentives to regional fostering policies by unprecedented partnerships with local governments.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

This measure expects to: increment the cooperation between the several economic agents in audiovisual; strengthen innovation and research; allow for the sustainable growth of the market participation of national content, and for the development of new paths for broadcasting the Brazilian audiovisual output.

f.2 Financial resources allocated to implement the measure: 

Resources come from the Sectorial Fund for Audiovisual, and the amount allocated from 2014 to 2015 was 551,305.28 USD.

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Name: 
Brazilian Association of University Television
Type of Entity: 
NGO
Type of Involvement: 

It's support the implementation of the measure.

Name: 
Brazilian Association of Community Channels
Type of Entity: 
NGO
Type of Involvement: 

It's support the implementation of the measure.

Name: 
Brazilian Association of Public Educational and Cultural Broadcasters
Type of Entity: 
NGO
Type of Involvement: 

It's support the implementation of the measure.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
No
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
Yes
i.1 At what level the evaluation was conducted?: 
National
i.2 What were the main conclusions?: 

It was gathered that, over the timespan of 2012 to 2015, 42.42% of the national audiovisual works launched in the market were granted resources from the Sectorial Fund for Audiovisual and had an audience of 77.1% of the total viewership.

i.3 Which indicators were used to determine impact?: 

The number of Brazilian titles launched in the market, with and without investment from the Sectorial Fund for Audiovisual, the total viewership and the total revenue.
❭ CULTURAL POLICIES AND MEASURES

Policy of quota for the Brazilian audiovisual output

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The goal of the quota is to ensure the presence in the local market of audiovisual output produced in Brazil, in a healthy balance with international output.In film, the Screen Quota is aimed at guaranteeing a market share for the national cinema output to counter the massive presence of foreign content in cinema screens. By allowing for a minimum outflow of Brazilian output, it expands the access by the audience and promoted the diversity of the titles in the theaters.The establishment of mandatory screening of Brazilian audiovisual works on private paid television also has the goal of guaranteeing a potential minimum demand, which stimulates national production of national content geared toward this market segment.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
legislative
regulatory
c.3. the main feature of the measure: 

It's a national measure of legislative and regulatory nature. On theaters, the Screen Quota has legal provision through Article 55 of Provisional Measure 2228-1/2001. The requisites and conditions of validity for meeting the Quota are defined by Normative Instruction nº 88 of the National Cinema Agency, updated by Normative Instructions nº 113, of 18 December 2013; 117, of 31 December 2014; and 122, 9 December 2015. The number of days of screening and minimum diversity of Brazilian titles to be show in movie theaters in the country throughout the year are fixed in a yearly basis. The decree for the 2016 Screen Quota has determined that movie theaters with one screen must show Brazilian movies for a minimum of 28 days for the year – and at least three different titles. The Screen Quota varies according to the size of the movie theater complex up to a maximum of 63 days (on average) per screen, for complexes with seven screens – which must show a minimum of 11 different national titles.For television, Law nº 1437/2006, Law nº 12485/2012 and Normative Instruction nº 100/12 establish two types of quotas: (i) Programming Quota: on qualified space channels, a minimum of three hours and thirty minutes per week of content aired on prime time must be Brazilian and integrate qualified space, and half must be by independent Brazilian production companies; (ii) Package Quota: for each three channels with qualified space feature in each cable package offered in the membership, at least one must be a Brazilian channel of qualified space, and at least one third of this minimum share of Brazilian channels must have programming by an independent Brazilian provider. The company offering the package will have the obligation of meeting those demands up until a limit of 12 Brazilian channels of qualified space. Out of the Brazilian channels that are part of packages, at least two must air a minimum of 12 daily hours of audiovisual content created by a Brazilian independent production company, three of which must be on prime time.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
No
e. What are the results expected through the implementation of the measure?: 

The results expected of the implementation of those measures are: (i) market reserve for the national product to counter the massive presence of foreign content on cinema screens; (ii) diversified offer of titles on movie screens; (iii) preservation of the freedom of choice of the audience; (iv) stimulus for the creation of Brazilian channels with content provided by Brazilian companies, as well as for the production of independent Brazilian content of greater added value, such as films, television series, documentaries and animation; (v) strong impact on the paid television market, the broadband market and the audiovisual market, with increased offers of service and competition, reduced prices and improved quality, with more plurality and diversity in the audiovisual content offered to the client; (vi) to foster the national market, creating the conditions for the multiplication of enterprises and generation of internal wealth, so that Brazil may become a major hub of audiovisual output.The policy of mandatory airing of national content is not just founded on economic issues, but also on cultural aspects, as minimum quota for national content yield diversity in audiovisual markets and are legitimate instruments recognized by the international community by means of the 2005 Convention.

f.2 Financial resources allocated to implement the measure: 

Budgeted resources are allocated.

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Name: 
The agents of the production, airing and broadcasting markets
Type of Entity: 
Private company
Type of Involvement: 

The agents of the production, airing and broadcasting markets (private sector) participate in the process of discussion with ANCINE toward the conduction of technical studies that will foster the elaboration of the annual Screen Quota decrees by the Ministry of Culture and the Presidency of the Republic. The broadcasting companies are responsible for meeting the Screen Quota. In the area of television, the regulated entities are private sector television channels engaged in the implementation of the measure by meeting the demands established by Law nº 12485/2011.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
No
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
Yes
i.1 At what level the evaluation was conducted?: 
National
i.2 What were the main conclusions?: 

The implementation of the measures is monitored by the National Cinema Agency – ANCINE. The cinema quota was verified to having been met by 82% of the movie theater complexes in the country with proof. As for television, there was a verified increase in the number of programming channels accredited with Ancine, and an increase in the presence of Brazilian content on conditioned access services (paid TV).

i.3 Which indicators were used to determine impact?: 

Reports sent to the inspection sector of ANCINE by film broadcasters and the number of Certifications of Registry of Audiovisual Titles issued, as well as the number of accreditation entries for channels of television programming.
❭ CULTURAL POLICIES AND MEASURES

Implementation of Observatories of Creative Economy

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The implementation of the Observatories aims at allowing for the decentralization of the process of production of data and information as well as reflection, along with greater visibility and public awareness of the debate about culture as a fundamental vector, a platform and an asset for development. In this perspective, a few specific goals stand out: (i) to map out the agents and productive chains of cultural domains; (ii) to develop data banks and indicators of the Brazilian culture economy, integrated with the National System of Cultural Information and Indicators; (iii) to organize, build and disseminate research on the economy of culture; (iv) to mobilize local, state, national and international institutional agents; and (v) to generate feedstock for the development of local and state agendas of culture economy.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
institutional
c.3. the main feature of the measure: 

It is a national institutional measure by the Ministry of Culture. In the implementation of this measure, terms of cooperation were established with six Federal Universities for the implementation of the first Observatories of Creative Economy, integrated to the National Network. The implement Observatories are at the: Federal University of Amazonas; Federal University of Bahia; Fluminense Federal University; University of Brasília; Federal University of Goiás; and Federal University of Rio Grande do Sul.Through those Observatories and the network of mobilized researchers, up to May 2015, 85 surveys were verified – either ongoing or finished – including several orientations such as: Architecture; Crafts; Audiovisual; Productive Chains; Digital Culture and Software; Indigenous Cultures; Territorial Development; Design; Cultural Rights and e Policies; Economy of Cultural Processes and Practices; Entrepreneurship and New Business Models;  Training; Internationalization; Literature, Books and Reading; Fashion; Music; Cultural and Natural Heritage; Intangible Heritage; Territorialities, Expressive Arrangements and Social Practices; and Tourism.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

The implementation of the Observatories seeks the following results: (i) to qualify the presence of the Federal, State and Municipal governments in the processes of formulation, monitoring and assessment of public policies geared toward the development of the Brazilian culture economy; (ii) the institutionalization of local policies of culture economy; and (iii) to place the cultural agenda as strategic for the process of national development.The measure is promoted and funded by the Ministry of Culture. Presently, the program is in the process of mobilizing new institutional agents to share governance and organize the dynamics of sustainability of the Network.

f.2 Financial resources allocated to implement the measure: 

Up until May 2016, the resources allocated for the implementation of this measure amount to 1,508,117.43 USD, amassed through a cooperation between the Ministry of Culture and six Federal Universities.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
No
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Copyright policy

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

The main goal of the measure – Law nº 12853 of 14 August 2013, alongside Decree 8469/2015 as well as the ordinances and normative instructions that regulate it – was to alter the Copyright Act (Law nº 9610/1998) concerning the inclusion of collective management of those rights. With the new legal instruments, the associations of copyright charges contracted the obligation of meeting universal charging parameters and of guaranteeing more transparency to the rightholders regarding registry and distribution of collected amounts.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
legislative
c.3. the main feature of the measure: 

In the scope of the promotion of cultural diversity, the new instruments have created the legal conditions for independent artists who work at the fringes of the cultural industry, to have greater control of the amounts collected in their name, being able to monitor and report on any irregularities in the charging and distribution of the amounts pertaining to their works. At the same time, from the regulation of the Act, the Direction of Intellectual Rights of the Ministry of Culture also gained greater monitoring power, with a more concrete role on the mediation and arbitration of litigations.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

One of the challenges regarding copyright in Brazil concerns the need to make alterations upon the reigning legislation, especially the items pertaining to limitations. Those alterations would fulfill the goal of promoting access to protected works from Brazil and elsewhere, especially those with strategic value for the preservation of memory and the appreciation of the cultural wealth of Brazil and the world. This measure implicates the definition and establishment of regulatory and arbitration mechanisms that allow, for instance, for the liberation of access to fundamental works for the national and universal culture and memory that are out of circulation, even for commercialization, due to legal deadlocks with producers, editors and authors.Another challenge is the search for balance between the promotion of diversity of access to the works and the fair remuneration of the artists and authors, considering the technological changes that have been modifying the mechanisms of sale and distribution of music, film and books. Presently, the most notorious case is that of the streaming services. That is because, considering the fast pace with which technologies change, one must considered the demand for the creation of instruments to guarantee that balance must be dynamic and based upon regulation as well as compatible mediation and arbitration rules. In that sense, it is necessary to establish rules and regulation mechanisms for the digital environment.A first step stemming from this issue was the elaboration of a normative instruction that is under public consultation for the definition of rules for charging copyright in the digital environment. At the same time, the Directorship of Intellectual Rights of the Ministry of Culture has been actively participating on meeting and has set up a work group integrated by representatives of stakeholders with the aim of discussing, elaborating mechanisms that guarantee that the content offered in digital environments does not favor only what is interesting for the industry.

f.2 Financial resources allocated to implement the measure: 

Budgeted resources are allocated.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
No
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ CULTURAL POLICIES AND MEASURES

Programa de Cultura do Trabalhador – Vale Cultura [Workers' Culture Program – Culture Voucher]

Context of the measure: 
CULTURAL POLICIES AND MEASURES
b. Key objectives of the measure: 

Known as Vale-Cultura, the Workers' Culture Program was created through Law nº 12761, of 27 December 2012 and regulated by Decree Nº 8084, of 26 August 2013. According to Article 2 of this Act, this program has the following goals: i) to allow for access to and enjoyment of cultural products and services; ii) to encourage visitation to artistic and cultural venues; iii) to encourage attendance to cultural and artistic events and shows.

c. What is: 
c.1. the scope of the measure: 
National
c.2. the nature of the measure: 
financial
c.3. the main feature of the measure: 

The Culture Voucher is a partnership of the Federal Government with businesses aimed at benefitting the Brazilian workers who have formal work contracts. It is, therefore, an institutional measure of national range. The benefit is granted to the worker through a magnetic prepaid card with a monthly credit of 14.79 USD. The amount, which is cumulative and has no date of expiry, can be used to purchase entry on theaters, cinema, museums, shows, the circus, or to buy CDs, DVDs, books, magazines and newspapers, or even to pay for monthly fees of cultural courses and workshops in the entire national territory. Social security taxes or compensation funds for time of service do not incide over the amount spent with the Culture Voucher by the companies that offer the benefit to their employees, and it is exempt of income taxes. Moreover, the beneficiary companies taxed over real profit may get a discount of up to 1% of their income tax because of the amount spent with the Culture Voucher.For this particular program, services and products are defined as follows:Cultural services: They are cultural and artistic activities provided by corporate entities active in the following cultural sectors: visual arts, performing arts, audiovisual, music, cultural heritage, literature, humanities and information.Cultural products: They are artistic, cultural and informational material produced in any format or media by persons or businesses, whose characteristics fit the cultural sectors described above.Participants of the program are: beneficiary companies (employers), its employees, receiving businesses (providers of cultural products and services) and card operators. The beneficiaries are the companies that offer the benefit to its employees and are granted the program's fiscal benefits. The receiving companies are the business entities licensed to receive the Culture Voucher as a mode of payment for a cultural service or product, such as movie theaters, concert venues, bookstores and other commercial establishments. Finally, the operators are companies authorized by the Ministry

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

The Culture Voucher is the first policy by the Ministry of Culture geared exclusively toward cultural expenditure. The expectation is that it will directly benefit, until 2020, 2 million workers with the Culture Voucher. With greater access to and enjoyment of cultural services and goods, it is an instrument for the increased well-being and quality of life of the recipients. Indirectly, the Culture Voucher fosters the market of cultural products and services by making available a portion of the workers' income for the sector, making cultural offers attractive to the recipients.* The management of the Workers' Culture Program falls under the wing of the Secretariat of Cultural Promotion and Incentives of the Ministry of Culture. However, the monitoring of the program and the application of any applicable penalties falls under the joint competence of the Ministries of Culture, Labor and Social Security, as well as the Treasury, according to provisions of Decree Nº 8084, of 26 August 2013.The management and evaluation of the Workers' Culture Program is conducted based on the data sent by operator companies to the Ministry of Culture. With that data, it is possible to monitor the participation of workers and cultural sectors where the recipients have used the benefit. Up until 9 March 2016, 471,800 workers have benefitted from the program.

f.2 Financial resources allocated to implement the measure: 

In 2015, around 20,699.65 USD were invested in Business Rounds to promote the Workers' Culture Program among public managers, corporate executives, cultural spaces, cultural products and services providers, operators, workers and workers' unions. The goal is to share information about how the program works, as it is simple and accessible, with positive results for all the audiences involved, aimed at expanding the participation of employers, receiving venues and workers in all the regions of Brazil. Also in 2015, the advertising campaign for the Culture Voucher was re-ignited in social media.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
No
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ INTERNATIONAL CULTURAL COOPERATION

Mercado de Indústrias Culturais do Sul – MICSUL [Cultural Industries Market of the South]music, audiovisual, performing arts, publishing, games and design

Context of the measure: 
INTERNATIONAL CULTURAL COOPERATION
b. Key objectives of the measure: 

MICSUL aims to promote business rounds, seminars, artistic activities and shows with a view to create platforms of promotion of the exchange of creative and cultural knowledge, products and services, as well as to facilitate meetings and the circulation between producers, artists and enterprises in the creative economy sector, thus empowering the social, cultural and commercial sectors of the regions involved.

c. What is: 
c.1. the scope of the measure: 
Regional
International
c.2. the nature of the measure: 
financial
institutional
c.3. the main feature of the measure: 

MICSUL is an institutional measure by the Ministry of Culture of Brazil with regional scope in South America. MICSUL is the largest cultural sector market platform in South America, geared toward small and medium-sized cultural entrepreneurs in the following sectors: music, audiovisual, performing arts, publishing, games and design. The Market, which takes place every two years in one of the participant countries, is structured around several spaces for business transactions, construction of partnerships and networks as well as academic agendas about subjects related to culture and the creative industry. The program involves business rounds, pitch sessions, fashion shows, music and performing arts showcases, discussion forums and institutional booths. It is an intergovernmental initiative by national culture organisms of the 12 South American countries (Argentina, Bolivia, Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay and Venezuela), which also counts with the support of UNASUL and MERCOSUL.Its first edition, in Mar del Plata, Argentina, in 2014, gathered around 800 South American entrepreneurs from six creative sectors (music, audiovisual, performing arts, publishing, games and design). Brazil participated with a total delegation of 199 entrepreneurs, of which 112 integrated the platform of market business rounds. The second edition of the biannual market is set to take place in Bogota, Colombia, from October 17 to 20 in 2016.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

As the result of a policy focused on the external market, this measure aims at boosting the international circulation of cultural goods and agents from South America, encouraging the action of market agents toward setting up partnership networks and further meetings. As such, sectors with greater internationalization potential build scale, contract fruitful business partnerships, and expand their experience gamut by taking part in fairs, festivals, seminars, talks or international congresses. The major challenge is to ensure the expansion of the MICSUL Program in order to solidify its potential as a space of formation and expansion of business among South American countries. With that, it is possible to deepen the South-South cooperation policy and the incentives to cultural exchange in South America.

f.2 Financial resources allocated to implement the measure: 

The resources come from the budget of Ministry. The value to be invested is about 300,000.00 USD.

g. Name of NGOs and/or private companies engaged in the implementation of the measure, if any: 
Type of Involvement: 

The involvement of NGOs and private businesses in each market depends on the country hosting the event. In 2014, in its first edition, in Argentina, the event was almost fully publicly funded. In its second edition, under the wing of the Ministry of Culture of Colombia, it will be funded by public and private initiatives, with the support of the Bogota Chamber of Commerce. UNASUL, through the common Initiatives Fund, will also allocate resources for the market.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
No
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
Yes
i.1 At what level the evaluation was conducted?: 
National
International
i.2 What were the main conclusions?: 

MICSUL was deemed an important space to create links and exchange experiences, and it opens up the possibility of creation of associative networks. The notable experience and goodwill of the participants shone through the associative schemes. The installations of MICSUL 2014 were positively reviewed. 55% of the participants had no experience on business rounds, but 90% of the participants held business meetings outside of the rounds space and 57% of the participants considered the system of scheduling of the business rounds "good" or "very good". The variable with the lowest positive reviews was the buyers' levels. Participants declared the need for training regarding the legal framework regulation international trade of cultural assets.

i.3 Which indicators were used to determine impact?: 

The number of registered entrepreneurs; the frequency of meetings during business rounds; prior business round experience; the number of informal meetings (conducted outside of the scheduling platform); the assessment of the business rounds.
❭ INTERNATIONAL CULTURAL COOPERATION

Programa IberCultura Viva [IberCultura Viva Program]

Context of the measure: 
INTERNATIONAL CULTURAL COOPERATION
b. Key objectives of the measure: 

The IberCultura Viva Program was approved during the 16th Iberian-American Culture Conference that took place in 2013 in Panama City. It is an intergovernmental initiative in the scope of the Iberian-American General Secretariat (SEGIB) and the Organization of Iberian-American States (OEI).This Program has the following goals: (i) to promote the development of public policies that strengthen the cultures of communities; (ii)  to promote consensus, alliances and joint action exchanges among the several social and governmental actors of Iberian-American countries; (iii) to promote the creation and dissemination of cultural content, preferably multilingual; (iv) to expand and ensure equitable access to means of cultural production, dissemination and fruition; (v) to promote the development of a cooperative, supportive and transformative culture through the reinforcement of community organization capabilities; (vi) to use artistic languages, symbols and cultural spaces, as well as the creative appropriation of cultural heritage to encourage critical reflection and the construction of civic virtues.

c. What is: 
c.1. the scope of the measure: 
Regional
International
c.2. the nature of the measure: 
financial
institutional
c.3. the main feature of the measure: 

? IberCultura Viva is an international cooperation program that aims at strengthening community-based by the promotion of public policies and the development of actions that promote civic rights and cultural diversity. Its starting point of reference is the Brazilian experience with the “Cultura Viva” Program, which recognizes and fosters cultural initiatives such as the Culture Points, and creates an organic network of management, mobilization and creation. All Member Countries of Iberian-America may participate, as well as Latin American institutions, multilateral organizations, regions and localities of Latin American countries and observer States as well as organizations of observers associated to this statement. Presently, there are 10 Member Countries: Argentina, Brazil, Chile, Costa Rica, El Salvador, Spain, Mexico, Paraguay, Peru and Uruguay.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

As a result, the “IberCultura Viva” program is expected to consolidate a platform for the coordination and exchange of experiences, abilities, networks, policies and regulations within the domain of Brazilian community-based culture to contribute toward promoting culture as a development strategy for Latin American countries, consequently strengthening the dialogue with civil society as part of its original principles and goals.The major challenge presented is maintaining the perennial status of the “IberCultura Viva” Program, in order to amplify its potential as a vector of cultural integration in the Latin American space.

f.2 Financial resources allocated to implement the measure: 

Presently, the Ministry of Culture of Brazil is heading the program and allocating an yearly amount of  50,000 USD.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
Yes
h.2. Support/nurture policy discussion inspired by the Convention?: 
Yes
h.3. Other reasons unrelated to the Convention?: 
Yes
i. Has the implementation of the measure been evaluated?: 
No
❭ PREFERENTIAL TREATMENT

CPLP Audiovisual: Program of Development of Audiovisual Content Production and Dissemination of the Community of Portuguese Language Countries

Context of the measure: 
PREFERENTIAL TREATMENT
b. Key objectives of the measure: 

The CPLP Audiovisual Program is the result of a Brazilian proposal for audiovisual production within the Community of Portuguese Language Countries (CPLP). The program has the goal of implementing integrated public policies of development of production and television broadcasting of audiovisual content in the CPLP countries, to foster the dissemination of cultural audiovisual output by CPLP in the global market.

c. What is: 
c.1. the scope of the measure: 
International
c.2. the nature of the measure: 
financial
institutional
c.3. the main feature of the measure: 

The CPLP Audiovisual Program is an international cooperation action for the selection and promotion of audiovisual projects – documentaries and feature films – among the Member Countries of the Community: Angola, Brazil, Cape Verde, Guinea Bissau, Equatorial Guinea, Mozambique, Portugal, Sao Tome and Principe and East Timor. In Brazil, the program has been implemented by the Secretariat of Audiovisual of the Ministry of Culture, since 2014. After a successful experience in 2010 with the 1sr Program of Development of Production and Television Dissemination of Documentary Films in the Community of Portuguese Language Countries (DOCTV CPLP I), the present CPLP Audiovisual Program consists of three lines of action: i) DOCTV CPLP II; ii) Program of Promotion of Development, Production and Television Dissemination of Works of Fiction in the Community of Portuguese Language Countries (FICTV CPLP I); iii) Program of Exchange of Television Dissemination of Documentaries (Nossa Língua I). The program also expects to foster activities of training, co-production and television dissemination of audiovisual content.

d. Does it specifically target individuals and/or social groups as defined in Article 7 of the Convention?: 
Yes
e. What are the results expected through the implementation of the measure?: 

Beyond the conclusion of the Program, there is an expectation that the fostering of audiovisual production will boost the audiovisual content markets of the Member States of CPLP, and generates greater visibility for audiovisual output by the Member States outside of the Community, with real gains for all the sector operators and for CPLP. This is based on the fact that the success of the program's goals have the potential of creating the conditions for the multiplication of its effects over several platforms, including the constitution of networks and potential actions of production and/or sharing of audiovisual content between the Member States of the Community of Portuguese Language Countries, further boosting and strengthening processes of collaboration and sharing of technical solutions and/or equipment among all.In the present moment, the greatest challenge is to sustain the perennial status of the Audiovisual CPLP Program so as to round up the conditions for the expansion of the integrative space among the countries that comprise the Community.

f.2 Financial resources allocated to implement the measure: 

Brazil has allocated resources in the order of 2,069,965.10 USD to the CPLP Special Fund for the financing of the program. Those resources add up to the amount allocated by Portugal, of about 887,573,96 USD rounding up the total resources of the program. At this point, it bears mentioning the convergence with the provisions of Article 16 of the Convention, which concerns preferential treatment for developing countries.

h. Was this measure introduced or revised in order to: 
h.1. Implement the provisions of the Convention?: 
No
h.2. Support/nurture policy discussion inspired by the Convention?: 
No
h.3. Other reasons unrelated to the Convention?: 
No
i. Has the implementation of the measure been evaluated?: 
No
Have you taken or supported initiatives involving civil society in activities: 
Promote the objectives of the convention through awareness raising and other activities: 
Yes
Please explain how: 

The Ministry of Culture promotes workshops, seminars and congresses about Brazilian cultural diversity in several cities in the country and abroad, with the participation of public administrators, artists, cultural producers, researchers, students and other stakeholders. One example is the International Seminar of Culture and Development, which took place in the city of Rio de Janeiro in September 2014 as part of the celebrations of the 10 years of ratification of the 2005 Convention.

Collect data and share and exchange information on measures adopted at local and international level: 
Yes
Please explain how: 

The Ministry of Culture is implementing the National System of Cultural Information and Indicators, created by a specific Act, which will function as a data bank about assets, services, infrastructure, investments, production, access, consumption, agents, programs, institutions and cultural management, as well as transparency, among others, and will be made available for the society at large. The platform also fulfills the important role of supporting the implementation of the National Culture Plan, which defines public culture actions until 2020. The concept that guides the implementation of the platform allows for the direct participation of interested users, whether in the complementation of data presented at the system by the public sphere or through direct participation in the formulation and monitoring of cultural projects and policies, which we call collaborative governance. The System of Cultural Information and Indicators has yet to be completed, but, in 2015, great strides were made, with the integration of important database from the Ministry of Culture, such as “Cultura Viva” Network, the Registry of Public Libraries and the National Museum Registry. Another digital platform of the Ministry is that of the National Culture System, which allows for the access to informaiton about the process of integration of the states, the Federal District and municipalities to the System. This system aims at offering relevant information on cultural assets and services, providing support to public and private cultural administrators, besides offering greater social control of the resources. This platform also allows for administrators all over the country to be in touch and exchange experiences as well as collaborate in the implementation of the components of the culture systems in the country, as a managing organism for culture, a culture fund and a cultural board. In addition to the cultural administrators, any citizen can access the platform, do research and monitor information related to the municipalities that integrate the National Culture System.

Provide spaces where ideas of civil societies can be heard and discussed while developing policies: 
Yes
Please explain how: 

. The participation of the citizens in government decisions has been one of the pillars of the cultural politics of the Brazilian State, since 2003. As such, the mission of the Ministry of Culture aims at guaranteeing all Brazilians their full cultural rights by strenghtening cultural policies for sustainable development and social inclusion. Some examples of this programmatic orientation by the government:

  1. Organization of the III National Culture Conference – The National Culture Conferences represent a privileged moment of interaction between the civil society and representatives of all government spheres for the evaluation of cultural policies. Helld in 2013, the III Conference was preceded by state, municipal and sectorial meetings and counted with the presence of 1,745 people, being 953 delegates with voting rights. The priorities elected in this conference were: i) the implementation of the National Culture System, with focus on the process of organization of cultural management and social participation; ii) the strengthening of artistic production and symbolic assets, and of the protection and promotion of diversity of cultural expressions; iii) civic and cultural rights, with a focus on the guarantee of the full exercise of cultural rights and the consolidation of civic rights with special attention toward ethnic and cultural diversity; iv) culture as sustainable development.
  2. Expansion of social participation and consolidation of the institutionality of the National Board of Cultural Policies. Created in 2005, the National Board of Cultural Policies is a collegiate organism integrating the administrative structure of the Ministry of Culture, with the goal of proposing the formulation of public policies, promoting the articulation and debate about the different levels of government and organized civil society for the development of cultural activities in the national territory. In 2005, the electoral process of the board had broad social mobilization, with meetings in person on the 26 states and the Federal District and a record number of registrations.
Implement Operational Guidelines: 
Yes
Please explain how: 

Generally speaking, the public policies developed by the Brazilian government in the scope of culture are aligned with the implementation of the guidelines of the Diversity Convention. Built by a proficuous partnership between public administrators and organized civil society, the National Culture Plan of the Ministry of Culture, for instance, was instituted by Law No. 12343, of December 2, 2010, with a ten-year horizon (2010-2020). Structured upon three complementary dimensions (culture as symbolic expression, civic rights and potential sustainable development field), the plan traces goals that are completely aligned with the Convention guidelines, including: mapping out the cultural expressions and languages all over Brazil; guaranteeing the increase of the number of traditional peoples and communities tended to by public actions of promotion of cultural diversity; fostering projects of support to economic sustainability of local cultural production; stimulating art and culture on public schools; expanding the offer of technical courses in the area of culture; heightening the recognition and certification of knowledge by workers in all areas of culture; increasing the number of cities with local artistic groups and collectives; fostering the implementation of Culture Points with vast thematic representation; increasing national and international exchange of activities tha disseminate Brazilian cultural manifestations in their diversity; extending the reach of the Culture Voucher Program for the Brazilian worker; incrementing the cultural fruition of the Brazilian citizen (attendance in museums, cultural centers, movie theaters and artistic shows); to expand the access to the Brazilian audiovisual productions through film clubs; to stimulate the creation and expansion of integrated spaces of culture, sports and leisure; making information available on the internet about collections of public libraries and museums; installing collegiates and elaborating culture plans for all the sectors represented in the National Board of Cultural Policies.

Other: 
Please explain how: 
Is Civil Society contributing to this report?: 
Yes
Name of the Organization(s): 
Cultural Diversity Observatory (ONG)
National Board of Cultural Policy

Contribution from Civil Society

This section is to be completed with information provided by civil society: 
Has the civil society taken initiatives to: 
Promote the principle and the objectives of the Convention locally and internationally: 
Yes
Please explain how: 

J.M.Barros: The Cultural Diversity Observatory is set up as two complementary and dialogic fronts: (i) its presence as an NGO that develops programs of collaborative action among cultural administrators, artists, art educators, cultural agents and researchers with the support of the Municipal and State Funds of culture; (ii) a research group comprised of researchers conducting studies from education institutions, investigating the subject of cultural diversity in different lines of research. Aims to produce information and knowledge, generate experiences and experimentation, acting upon the challenges of protection and promotion of cultural diversity. The Observatory seeks encourage and conduct academic research, build educational, cultural and managerial competencies, as well as offer experiences of mediation in the field of cultural diversity – understood as a structuring element of collective identities open to mutual dialogue and respect. The lines of research are: Communication, media interactions and cultural diversity; Culture, education and communication; Cultural diversity training; and Public policies for culture and communication. Giordana: The civil society has progressively been taking a more active approach to cultural policies by its activities along with board organisms (National Board, Collegiates, National Committee of Culture Incentive, state and municipal boards). In addition, cultural diversity has been developed through other participative spaces such as the Conferences, work groups and public consultations for national, state and municipal culture plans. The principles and goals of the Convention are also promoted with the implementation of the Culture Systems. Wellington: Taking the concerns of the citizens to public authorities, associations and businesses, including those by vulnerable groups. Contributing with greater transparency and accountability in the governance of culture. Monitoring the policies and programs of implementation of measures of protection and promotion of diversity of cultural expressions.

Promote ratification of the Convention and its implementation by governements: 
No
Please explain how: 
Bring the concerns of citizens, associations and enterprises to public authorities, including vulnerable groups: 
Yes
Please explain how: 

José Márcio Barros: The Brazilian civil society has the opportunity of taking part in the creation, implementation and monitoring of public culture policies through the National Board of Cultural Policies, the National Committee of Culture Incentive, the Sectorial Collegiates that subsidize the Board, and the several Municipal and State Boards of Culture, among other forums of democratic participation. By those mechanisms of participation, civil society can monitor the implementation of policies and programs in the scope of the measures designated to protect and promote the diversity of cultural expressions, and contribute to improve transparency and accountability in regard to cultural governance.Giordana: One of the main actions designed for “taking the concerns of the citizens to public authorities, associations and businesses, including those by vulnerable groups" is social participation by means of boards, collegiates, work groups, conferences, public consultations. One example is the Collegiates of Popular Cultures and Indigenous Cultures, among other participative instances that rely on the social participation of vulnerable groups not only within the scope of the Ministry of Culture. 

Contribute to the achievement of greater transparency and accountability and accountability in the cultural governance: 
Yes
Please explain how: 

José Márcio Barros: The Cultural Diversity Observatory – ODC keeps a website constantly updated with informations about public policies, programs and projects related to the protection and promotion of cultural diversity. Moreover, it edits and offers monthly newsletters for over 25,000 readers, and keeps an updated profile on Facebook, which makes it a source of reference for researchers, administrators and activists of cultural diversity in Brazil and in other countries.Giordana: In my opinion, there is a long way toward advancement in this aspect. Civil society, even with their participation on instances such as the boards, still has challenges to tackle regarding representation. The participant instances are comprised, in the majority, by representative electter and by their peers. However, the representation of those cultural agents has yet to translate as a broader dialogue with their base. This happens because of communication issues with a broad range of regional cultural agents (for instance, in the Northern region there are faraway locations of difficult access) or even election of representatives with little representation capillarity. All of this has an impact upon the contributions of transparency and accountability in cultural governance. After all, one of the goals of the boards and collegiates of MinC is to monitor cultural activities fostered within the Federal scope. Moreover, civil society is still getting a hold of technological tools for social participation on the internet. That is, a greater contribution could be made toward transparency and accountability by public consultations, communication channels on the internet, Public Transparency website etc. This is presently still a very timid process. Evidently, it is something to be developed in the long term, above all, as it is not just about the appropriation of online social participation tools. It is about access to technology and, above all, the “present” civic action itself. In summary, civil society gives a partial contribution to the board-driven instances.

Monitor policy and programme implementation on measures to protect and promote diversity of cultural expression: 
Yes
Please explain how: 

José Márcio Barros: The ODC conducts research involving different aspects of cultural policies. In the website, there are some results available. Presently, there are three ongoing researches: Mediation and cultural diversity in cultural equipment; Social participation and deliberation in the National Culture and Plan and the National Policies for Cultural Diversity in Latin American Countries. In 2015, the ODC published the book “Dimensões e desafios políticos para a diversidade cultural” [Political Dimensions and Challenges for Cultural Diversity]. In this anthology, which gathers papers by professors, researchers and administrators from several countries, the contemporary challenge of developing policies for cultural diversity is analyzed from different perspectives. The book is available for free download from the Observatory website. it was organized by researchers Paulo Miguez, José Márcio Barros and Giuliana Kauark, with the support of EDUFBA.Giordana: I believe that the greater contribution will come from Non-Governmental Organizations (NGOs), research groups, studies and research connected to public and private universities, research observatories etc. NGOs such as the Cultural Diversity Observatory, IPEA (which conducts a large amount of research) as well, among others. 

Build capacities in domains linked to the Convention and carrying out data collection: 
Yes
Please explain how: 

José Márcio Barros: Since 2003, the ODC has continuously offered training courses in Development and Cultural Administration, with an emphasis on Cultural Diversity and geared toward stakeholders. In addition to that, part of the team has participated in training process of Municipal Culture Plans conducted by UFBa and UFRGs. Talks, debates and seminars are constantly attended by ODC members.Giordana: Training and qualification can be a way of creating competencies in the areas connected to the convention and can also be used to gather data; after all, one can collect data from participants to get to know who are the cultural agents and administrators. Distance education can contribute to achieving a greater number of participants. In addition to that, the implementation of a System of Cultural Information and Indicators, as well as the implementation of municipal and state systems also favors that. Above all, it is necessary to articulate the different systems to centralize and/or systematize all data. 

Create innovative partnerships with the public and private sectors and with civil society of other regions of the worlds: 
Yes
Please explain how: 

José Márcio Barros: The ODC maintains strategic partnerships with excellence centers in the region and in the world, in addition to conducting trips, work missions and research with undergraduate students, graduate students and researchers connected to the Observatory projects, especially from Argentina, Uruguay, Cuba, Spain and France. The more constant partnerships are with: the Master in Arts program of UEMG; the Master in Communication of PUC Minas; the Municipal Culture Foundation of Belo Horizonte; the Ministry of Culture of Brazil.Giordana: A possible path, I believe, is that of cultural exchange (artistic residencies, courses, events) as well as joint action involving international organisms (be it research, events, or programs and policies – taking “Cultura Viva” as an example).

Challenges encountered or foreseen to implement the Convention: 
José Márcio Barros: To expand the processes of training of cultural administrators with a focus on cultural diversity through Distance Learning processes.
José Márcio Barros: To contribute with the strengthening and monitoring of transnational culture public policies, effectively regional, with an emphasis on Latin American countries.
Giordana: Appropriation by civil society, as a major contribution toward actions of social participation based on the principles and goals of the convention; it becomes a greater hindrance in cultural sectors that have a diffuse cultural conformation.
Wellington: The lack of incentive to small groups and/or companies in the hinterlands of each Brazilian state still persists. It is also important to conduct a more careful or strict monitoring process for the conduction of those programs and projects.
Solutions found or envisaged: 
(JMB) Setting up a distance learning course geared toward Brazilian and other Latin American participants.
(JMB) Establishing partnerships with research organisms and universities in the region, building indicators and research focused on reports from Latin American countries in 2005 Convention, and related documents, especially UDELAR in Uruguay and ISA Cuba.
(Giordana) Board member training courses focused on concepts aligned with the Convention is another possible solution.
(Giordana) In Addition to virtual platforms – following the example of the collaborative platform of CNPC – it is important to associate the actions of online social participation with the present-form practices/channels/participative spaces.
(Giordana) the actions in board instances and other social audience spaces must prioritize transparency. It is important to own these communication channels and keep them updated.
Activities planned for next 4 years to implement the Convention: 
(JMB) Publication and updating of the Observatory website with news, information about courses, seminars, congresses and other activities, timeline of the 2005 Convention, research and reading suggestions.
(JMB) Publication of a monthly newsletter with think pieces about the subjects present in the Convention regarding the protection and promotion of the diversity of cultural expressions, written by researchers of the Cultural Diversity Observatory.
(JMB) Semiannual issue of the ODC Magazine.
(JMB) Maintaining training course offers in Belo Horizonte and Salvador.
(JMB) Conduction of research, communications in congresses and publications in the form of texts and book.
(Giordana) Present-form training cours and distance learning course for board members, agents and cultural administrators.
(Giordana) Institutional publications about the boards, collegiates and other board instances.
Supporting attachment provided by the Civil Society: 
AttachmentSize
File Description, in portuguese, of public consultation about the PRQ.1.26 MB
Describe main results achieved in implementing the Convention: 

● The 2005 Convention has contributed for the establishment of national legal frameworks that sustained public policies of protection and promotion of diversity of cultural expressions in the country. As an example, we may mention the institution of the “Cultura Viva” National Policy (Law nº 13018/2014), known as “Cultura Viva” Law;● It also created objective conditions for the establishment of conceptual and institutional landmarks to subsidize the process of formulation of guidelines and reflextions about the protection and promotion of cultural diversity in Brazil, by means of pacts, exchange, collaboration of knowledge about public culture policies and the challenges posed by the Convention;● And it contributed, also, for the strengthening of the process of gradual substantiation of understanding and appreciation by the society at large of the role of culture in development and, consequentially, of public cultural policies as vectors of development.

Challenges encountered or foreseen to implement the Convention : 
  • Challenge 1: Asymmetrical assimilation (time and movement) of the strategic principles and goals of the Diversity Convention by the instances that comprise the federative pact (Union, states and municipalities);
  • Challenge 2: Difficulties in establishing a process of effective integration among other government areas based on the transversality of culture;
  • Challenge 3: Incipient data, mappings and indicators that would allow for the knowledge, monitoring and evaluation, with greater accuracy, of the diversity of Brazilian cultural manifestations and their distribution across the territory so as to gather objective conditions for the establishment of comparability criteria allowing for the expansion of the process of protection and promotion of cultural diversity in the country, strengthening, finally, their institutionalization as State policy;
  • Challenge 4: Lack of studies about the impact of implemented policies, of an evaluation of the feasibility of goals and the construction of adequate indicators (with scientific rigor).
Solutions found or envisaged to overcome those challenges: 
  • Solution 1: Creation and maintenance of campaigns of publicization of goals, strategic principles, conceptual definitions and top mechanisms of implementation of the Diversity Convention;
  • Solution 2: Stimulus to the creation/implementation of national, state and municipal culture policies and systems, with the participation of the federative entities, of the civil society and partners, com a participação dos entes federados, da sociedade civil e de parceiros, likely to reverberate throughout the federation;
  • Solution 3: Monitoring of the National Culture Plan (2010-2020), which has 53 goals and incorporates the principles and goals that guide the Diversity Convention;
  • Solution 4: Improvement of the National System of Culture Information and Indicators, which collects, systematizes and interprets data, in addition to providing methodologies and establishing parameters for the measuring of cultural activity and social needs for culture, allowing for the formulation, monitoring, management and evaluation of public policies of culture and cultural policies;
  • Solution 5: Conducting public consultation about the Bill that regulates Article 216.a of the Federal Constitution, providing on the organizational structuring of the systems of culture on the three levels of the federation, as well as on the tools that will allow for broad social participation in the workings of the National Culture System itself;
  • Solution 6: Strengthening the process of creation of partnerships with private and/or public institution able to effectively evaluate the impacts of policies implemented by the Ministry of Culture.
Steps planned for the next 4 years: 

● To implement state and municipal culture plans with focus on cultural diversity in order to strengthen the National Culture System;● To implement national sectorial culture plans in 19 sectors, for the strengthening od the dialogue between different languages and artistic and cultural means of expression, with broad social participation;● To monitor and evaluate the goals provided in the National Culture Plan, particularly the ones more directly related to the Diversity Convention, with adequate methodology and indicators (and with great scientific rigor);● To foster a dialogue between the Intangible Heritage and the Diversity of Cultural Expressions Conventions, so as to broaden the access by traditional communities to means of production and dissemination of their cultural expressions;● To promote and disseminate Brazilian cultural diversity on major events.

1. Economy and Finance: 
1.1. Total Flows of Cultural Goods and Services: 
1.1.a Cultural Goods: 
Total exports in cultural goods: 
USD: 
1798733241.00
Year: 
2014
Source: 
System of Cultural Information of Mercosul – SICSUR
Total imports in cultural goods: 
USD: 
227322199.00
Year: 
2014
Source: 
System of Cultural Information of Mercosul – SICSUR
1.1.b Cultural Services: 
Total exports in cultural services: 
USD: 
13084349.27
Year: 
2014
Source: 
System of Cultural Information of Mercosul – SICSUR
Total imports in cultural services: 
USD: 
18474420.59
Year: 
2014
Source: 
System of Cultural Information of Mercosul – SICSUR
1.2 Contribution of cultural activities Gross Domestic Product: 
Total GDP: 
USD: 
9952613470.88
Year: 
2013
Source: 
Brazilian Institute of Geography and Statistics – IBGE
USD: 
0.00
Year: 
2013
Source: 
Brazilian Institute of Geography and Statistics – IBGE
Which methodology was used to calculate the share of culture in total GDP?: 

For the purposes of the use of data from the Annual Services Survey of IBGE and information of added value data referred to above, the sum was based on the budget lines relative to recreational and cultural activities, audiovisual services, news agencies, journalism services as well as edition and publishing integrated with printing.

1.3. Government expenditure on culture: 
Total government expenditure: 
USD: 
2515569090.23
Year: 
2014
Source: 
National public sector balance sheet
Share of culture in government expenditure: 
USD: 
Year: 
2014
Source: 
National public sector balance sheet
2. Books: 
(a) Number of published titles: 
Num: 
60,829
Year: 
2014
Source: 
Survey by the Foundation Institute of Economic Research, with the Brazilian Book Chamber and the National Union of Book Publishers.
(b) Number of publishing companies: 
Total all companies: 
Num: 
750
Year: 
2013
Source: 
Brazilian Book Chamber
Small Size Companies: 
Num: 
0
Year: 
Source: 
Medium Size: 
Num: 
0
Year: 
Source: 
Large Size: 
Num: 
58
Year: 
2013
Source: 
Brazilian Book Chamber
(c) Bookshops and sales: 
Bookstore chains: 
Num: 
0
Sales, USD: 
739742652.08
Year: 
2014
Source: 
Survey by the Foundation Institute of Economic Research, with the Brazilian Book Chamber and the National Union of Book Publishers.
Independent Book stores: 
Num: 
0
Sales, USD: 
Year: 
Source: 
Book stores in other retail: 
Num: 
0
Sales, USD: 
138939263.06
Year: 
2014
Source: 
Survey by the Foundation Institute of Economic Research, with the Brazilian Book Chamber and the National Union of Book Publishers.
Online Retailers (labels): 
Num: 
0
Sales, USD: 
7638964.60
Year: 
2014
Source: 
Survey by the Foundation Institute of Economic Research, with the Brazilian Book Chamber and the National Union of Book Publishers.
(d) Translation flows: 
Number of published translations: 
Num: 
5,918
Year: 
2014
Source: 
Survey by the Foundation Institute of Economic Research, with the Brazilian Book Chamber and the National Union of Book Publishers.
3. Music: 
(a) Production / Number of albums produced: 
Physical Format: 
Num: 
11,457
Year: 
2012
Source: 
Brazilian Association of Independent Music
Digital Format: 
Num: 
599
Year: 
2012
Source: 
Brazilian Association of Independent Music
Independent Format: 
Num: 
1,447
Year: 
2012
Source: 
Brazilian Association of Independent Music
Majors: 
Num: 
10,609
Year: 
2012
Source: 
Brazilian Association of Independent Music
(b) Sales / Total number of recorded music sales: 
Physical Format: 
Num: 
0
Year: 
Source: 
Digital Format: 
Num: 
Year: 
Source: 
4. Media: 
(a) Broadcasting audience and share: 
Year: 
2013
Source: 
IBOPE Media Workstation
Programmes: 
(b) Broadcasting media organizations: 
Year: 
Source: 
Ownership: 
Public: 
Radio channels: 
Television channels: 
Both radio & television channels: 
Total: 
Private: 
Radio channels: 
Television channels: 
Both radio & television channels: 
Total: 
Community: 
Radio channels: 
Television channels: 
Both radio & television channels: 
Total: 
Not specified: 
Radio channels: 
Television channels: 
Both radio & television channels: 
Total: 
Total: 
Radio channels: 
Television channels: 
Both radio & television channels: 
Total: 
(c) Newspapers: 
Year: 
2015
Source: 
National Association of Newspapers
Publishing format - printed: 
Free Only: 
Daily newspapers: 
0
Non-daily newspapers: 
Total: 
0
Paid Only: 
Daily newspapers: 
Non-daily newspapers: 
Total: 
0
Both Free and Paid: 
Daily newspapers: 
535
Non-daily newspapers: 
2,563
Total: 
3,098
Publishing format - both printed and online: 
Free Only: 
Daily newspapers: 
0
Non-daily newspapers: 
Total: 
0
Paid Only: 
Daily newspapers: 
Non-daily newspapers: 
Total: 
0
Both Free and Paid: 
Daily newspapers: 
Non-daily newspapers: 
Total: 
0
Total: 
Daily newspapers: 
535
Non-daily newspapers: 
2,563
Total: 
3,098
5. Connectivity, infrastructure, access: 
Number of mobile phone subscribers per 1000 inhabitants: 
Num: 
130,200,000
Year: 
2013
Source: 
Number of households with Internet access at home: 
Num: 
312,000,000
Year: 
2013
Source: 
Brazilian Institute of Geography and Statistics – IBGE
Number of individuals using the Internet: 
Num: 
78,300,000
Year: 
2013
Source: 
Brazilian Institute of Geography and Statistics – IBGE
6. Cultural Participation: 
Percentage of people participating in cultural activities at least one time during the last 12 months: 
Activity (in %): 
Cinema: 
Female: 
22.00
Male: 
15.00
Total: 
37.00
Theatre: 
Female: 
11.00
Male: 
6.00
Total: 
17.00
Dance (including ballet): 
Female: 
11.00
Male: 
6.00
Total: 
17.00
Live concert/musical performance: 
Female: 
16.00
Male: 
11.00
Total: 
27.00
Exhibition: 
Female: 
0.00
Male: 
Total: 
0.00
TOTAL: 
Female: 
60.00
Male: 
38.00
Total: 
98.00
Is there any available data on the reasons for the non participation in cultural events?: 
Yes
Main reasons for non-participation (in %): 
Too Expensive: 
Female: 
2.00
Male: 
1.00
Total: 
3.00
Lack of Interest: 
Female: 
11.00
Male: 
6.00
Total: 
17.00
Lack of time: 
Female: 
22.00
Male: 
15.00
Total: 
37.00
Lack of information: 
Female: 
0.00
Male: 
Total: 
0.00
Too far away: 
Female: 
5.00
Male: 
6.00
Total: 
11.00
Other: 
Female: 
18.00
Male: 
14.00
Total: 
32.00
7. Additional clarifications: 
Additional Annexes (if any): 
AttachmentSize
File annexes_report_2_en.docx27.99 KB
Office spreadsheet icon Aditional Annex I26.5 KB
File Aditional Annex II16.23 KB
File Aditional Annex III27.12 KB
Title: 
Mr
First Name: 
Marcelo
Family Name: 
Calero
Organization: 
Ministry of Culture
Position: 
Minister of Culture