THE CONSTITUTIONAL RIGHT OF ACCESS TO CULTURE: AN ANALYSIS OF THE APPLICATION OF CULTURAL INCENTIVE LAWS IN THE CITY OF MANAUS

Abstract

The Brazilian Federal Constitution of 1988 enshrines access to culture as a fundamental right (Art. 215), which is operationalized through funding laws such as the Rouanet Law, the Aldir Blanc Law, and the Paulo Gustavo Law. Given this context, this study aimed to analyze whether these legislations are equitably applied in Manaus, identifying the obstacles faced by cultural producers in accessing public resources and the subsequent impact on cultural democratization. The study is based on the theoretical contributions of José Afonso da Silva, Humberto Cunha Filho, Celso Ribeiro Bastos, Raoni Bielschowsky, Talita Natarelli, and Mário Ypiranga Monteiro. The methodology consisted of empirical research of the survey type, exploratory and descriptive, with a qualitative-quantitative approach, using a structured questionnaire with local producers, in addition to bibliographic review and document analysis. The results revealed a concentration of resources in the Central-South zone. Conversely, producers from peripheral and riverside areas face structural barriers: 42.4% reported never having submitted projects. Three main obstacles were identified: excessive bureaucracy, lack of information, and political-ideological stigma. The study concluded that funding legislations alone do not guarantee cultural democratization without an equitably distributed territorial implementation, thus constituting a violation of the principle of equality and state duty.