CHAPTER IV - SCIENCE AND TECHNOLOGY




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CHAPTER IV - SCIENCE AND TECHNOLOGY



 

Article 218. The State shall promote and foster scientific development, research and technological expertise.
Paragraph 1 - Basic scientific research shall receive preferential treatment from the State, with a view to public well-being and the advancement of science.
Paragraph 2 - Technological research shall be directed mainly to the solution of Brazilian problems and to the development of the national and regional productive system.
Paragraph 3 - The State shall support the training of human resources in the areas of science, research and technology and shall offer special work means and conditions to those engaged in such activities.
Paragraph 4 - The law shall support and foster the companies which invest in research, creation of technology appropriate for the country, training and improvement of their human resources and those which adopt remuneration systems that ensure employees a share of the economic earnings rc sulting from the productivity of their work, apart from the salary.
Paragraph 5 - The states and the Federal District may allocate a share of their budgetary revenues to public entities which foster scientific and technological education and research.

Article 219. The domestic market is pan of the national patrimony and shall be supported with a view to permitting cultural and socio-economic development, the well-being of the population and the technological autonomy of the country, as set forth in a federal law.

CHAPTER V - SOCIAL COMMUNICATION


Article 220. The manifestation of thought, the creation, the expression and the information, in any form, process or medium shall not be subject to any restriction, with due regard to the provisions of this constitution.
Paragraph 1 - No law shall contain any provision which may represent a hindrance to full freedom of press in any medium of social communication, with due regard to the provisions of article 5, IV, V, X XIII, and XIV.
Paragraph 2 - Any and all censorship of a political, ideological and artistic nature is forbidden.
Paragraph 3 - It is within the competence of federal laws to:
I - regulate public entertainment and shows, it being incumbent upon the Government to inform on their nature, the age brackets they are not recommended for and places and times unsuitable for their exhibition:
II - establish legal means which afford persons and families the possibilities of defending themselves against radio and television programmes and schedules which go contrary to the provisions of article 221, as well as against publicity of products, practices and services which may be harmful to health or to the environment.
Paragraph 4 - Commercial advertising of tobacco, alcoholic beverages, pesticides, medicines and therapies shall be subject to legal restrictions, in accordance with item II of the preceding paragraph and shall contain, whenever necessary, a warning concerning the damages which may be caused by their use.
Paragraph 5 - Social communication media may not, directly or indirectly, be subject to monopoly or oligopoly.
Paragraph 6 - The publication of a printed social communication medium shall not depend on license from authorities.

Article 221. The production and programming of radio and television stations shall comply with the following principles:
I - preference to educational, artistic, cultural and informative purposes;
II - promotion of national and regional culture and fostering of independent productions aimed at their diffusion;
III - regional differentiation of cultural, artistic and press production, according to percentages established by the law;
IV - respect for the ethical and social values of the person and the family.

Article 222. The ownership of newspapers companies, sound broadcasting companies and sounds and images broadcasting companies is right exclusive of native Brazilians or those naturalized for more than 10 (ten) years, or of corporations constituted in accordance to Brazilian laws and with head office in the country.
Paragraph 1. In any case, at least 70% (seventy percent) of the total capital and of the voting capital of newspapers companies, sound broadcasting companies and sounds and images broadcasting companies shall be owned, directly or indirectly, by native Brazilians or those naturalized for more than 10 (ten) years, who shall exercize the administration of the activies and establish the contents of the programmation.
Paragraph 2. The editorial responsibility and the activities of selection and direction of the broadcasted programmation are exclusive of native Brazilians or those naturalized for more than 10 (ten) years, in any medium of social communication.
Paragraph 3. The electronic media of social communication, regardless of the technology employed for rendering the service, shall observe the principles established by article 221, as determined by specific law, which shall also guarantee the priority of Brazilian professionals in the execution of national productions.
Paragraph 4. The law shall regulate the participation of foreigner capitals in the companies referred to by paragraph 1.
Paragraph 5. Alterations in the control of companies referred to by paragraph 1 shall be communicated to the National Congress.

Article 222 amended by CA 36, May 28th 2002. Before this CA, foreigner citizens and foreigner capital were forbidden from participating of communication companies. This CA allowed some participation, which attracted some capital, but maintained the restriction that only Brazilians should manage those companies.
Original text of this article:
"Newspapers and sound broadcasting companies, or sound and image broadcasting companies shall be owned exclusively by native Brazilians or those naturalized for more than ten years, who shall be responsible for their management and intellectual orientation.
Paragraph 1 - Legal entities shall not participate in the capital stock of journalistic and radio broadcasting companies, except for political parties and for corporations whose capital is exclusively and nominally owned by Brazilians.
Paragraph 2 - The participation referred to in the preceding paragraph may only take place through non-voting capital and shall not exceed thirty percent of the capital stock."

Article 223.The Executive Power has the authority to grant and renew concession, permission and authorization for radio broadcasting and sound and image broadcasting services with due regard to the principle of the complementary roles of private, public and state systems.
Paragraph 1 - The National Congress shall consider such proposition in the period of time set forth in article 64, paragraphs 2 and 4. counted from the date of receipt of the message.
Paragraph 2 - The non-renewal of the concession or permission shall depend on approval by at least two-fifths of the National Congress. in nominal voting.
Paragraph 3 - The granting or renewal shall only produce legal effects after approval by the National Congress, as set forth in the preceding paragraphs.
Paragraph 4 - Cancellation of a concession or permission prior to its expiring date shall depend on a court decision.
Paragraph 5 - The term for a concession or permission shall be ten years for radio stations and fifteen years for television channels.

Article 224. For the purposes of the provisions of this chapter. the National Congress shall institute, as an auxiliary agency, the Social Communication Council, in the manner prescribed by law.

CHAPTER VI - ENVIRONMENT

 

Article 225. All have the right to an ecologically balanced environment. which is an asset of common use and essential to a healthy quality of life, and both the Government and the community shall have the duty to defend and preserve it for present and future generations.
Paragraph 1 - In order to ensure the effectiveness of this right, it is incumbent upon the Government to:
I - preserve and restore the essential ecological processes and provide for the ecological treatment of species and ecosystems;
II - preserve the diversity and integrity of the genetic patrimony of the country and to control entities engaged in research and manipulation of genetic material;
III - define, in all units of the Federation, territorial spaces and their components which are to receive special protection. any alterations and suppressions being allowed only by means of law, and any use which may harm the integrity of the attributes which justify their protection being forbidden;
IV - require, in the manner prescribed by law, for the installation of works and activities which may potentially cause significant degradation of the environment, a prior environmental impact study, which shall be made public;
V - control the production, sale and use of techniques, methods or substances which represent a risk to life, the quality of life and the environment;
VI - promote environment education in all school levels and public awareness of the need to preserve the environment;
VII - protect the fauna and the flora, with prohibition, in the manner prescribed by law, of all practices which represent a risk to their ecological function, cause the extinction of species or subject animals to cruelty.
Paragraph 2 - Those who exploit mineral resources shall be required to restore the degraded environment, in accordance with the technical solutions demanded by the competent public agency, as provided by law.
Paragraph 3 - Procedures and activities considered as harmful to the environment shall subject the infractors, be they individuals or legal entities, to penal and administrative sanctions, without prejudice to the obligation to repair the damages caused.
Paragraph 4 - The Brazilian Amazonian Forest, the Atlantic Forest, the Serra do Mar, the Pantanal Mato-Grossense and the coastal zone are part of the national patrimony, and they shall be used, as provided by law, under conditions which ensure the preservation of the environment, therein included the use of mineral resources.
Paragraph 5 - The unoccupied lands or lands seized by the states through discriminatory actions which are necessary to protect the natural ecosystems are inalienable.
Paragraph 6 - Power plants operated by nuclear reactor shall have their location defined in federal law and may not otherwise be installed.





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