Cultura como direito fundamental: bases constitucionais e financeiras

Abstract

This paper discusses culture as a fundamental right under Brazil’s 1988 Constitution, focusing on its constitutional and financial foundations. It adopts a philosophical and sociological approach to understand culture as a human expression rooted in values such as beauty, correctness, and excellence—elements that mobilize individuals and collectives. Culture is presented as a vector of identity and resistance against domination, with significant social and political effects. The Brazilian Constitution recognizes culture as a universal right and requires the State to ensure it through access, freedom of expression, and cultural production support. The article examines constitutional and legal mechanisms such as the National Culture Plan and Law No. 14.903/2024, and emphasizes the limits of State intervention in artistic creation. It concludes that cultural protection and funding must ensure plurality and diversity, fostering ethical sovereignty, national memory, and social inclusion.