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КОНСТИТУЦИЯ Бразилия en.doc
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Section III - sports

Article 217. It is the duty of the State to foster the practice of formal and informal sports, as a right of each individual, with due regard for: I - the autonomy of the directing sports entities and associations, as to their organization and operation; II - the allocation of public funds with a view to promoting, on a priority basis, educational sports and, in specific cases, high performance sports; III - differentiated treatment for professional and non-professional sports; IV - the protection and fostering of sports created in the country. Paragraph 1 - The Judicial Power shall only accept legal actions related to sports discipline and competitions after the instances of the sports courts, as regulated by law, have been exhausted. Paragraph 2 - The sports courts shall render final judgement within sixty days, at the most, counted from the date of the filing of the action. Paragraph 3 - The Government shall encourage leisure, as a form of social promotion.

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.