A atividade administrativa de fomento no âmbito do Fundo Setorial do Audiovisual

Abstract

Contemporarily, Administrative Law, under the direct influence of the Constitution of 1988, has undergone several transformations, including its constitutionalization and proceduralization. This scenario takes place because the constitutional text of 1988, initially, greatly increased the importance of the fundamental rights and guarantees in legal studies, which, on the other hand, changed the understanding of several classic institutes of Administrative Law, such as the act and the procedure. Therefore, the performance of the Public Administration, in its activities, is directly guided by the Constitution. Thus, this change of conception also has a strong impact on the development of fostering activity, which must be guided by the concretization of the fundamental rights and the objectives of the Republic. This research, from the perspective of the constitutionalized Administrative Law, seeks to analyze the fostering activity of the cinema and audiovisual industry in the scope of the Audiovisual Sector Fund, which currently is the main policy of fostering the development of the mentioned industry. Following this line, we intend to understand the influence of fundamental rights, notably, the multifaceted right to culture, and the cultural diversity on the formatting and execution of the fostering activities carried out by the resources of the Audiovisual Sector Fund. But not only this, also under the influence of the Constitution, it seeks to identify the principles that, as the fundamental standards of law, guide this activity. For this purpose, a vast bibliographic, jurisprudential, and legislative research was used, at national and international levels.