📋 Tender Overview
The President of the Republic, Luiz Inácio Lula da Silva, sanctioned two bills at the Palácio do Planalto that renew the film industry and audiovisual communication in the country. The acts were signed this Monday, January 15th, on an agenda with the Minister of Culture, Margareth Menezes.
PL nº 3,696/23 extends the period for mandatory commercial exhibition of Brazilian cinematographic works (quota for national productions on pay TV). PL nº 5,497/19 recreates the quota for commercial exhibition of Brazilian works in cinemas (screen quota), extending the mandatory period until December 31, 2033. The texts were published in the Official Gazette of the Union this Tuesday, January 16th.
“Screen quotas are positive for Brazilian audiovisual, which is why the Ministry of Culture concentrated its efforts to urgently resume the device”, highlighted the minister. “We celebrate this sanction that reopens a new moment for the country's rich cinematographic production, with an increase in the presence of our content on pay TV and in cinemas, valuing our cultural identity and generating more jobs and income."
The presidential sanction strengthens public policy and directly impacts Brazilian cultural development, through the valorization of the production and distribution of national cinematographic works. Both amend Provisional Measure No. 2,228-1, of September 6, 2001 , which establishes general principles of the National Cinema Policy, and Law No. 12,485, of September 12, 2011 , which provides for conditional access audiovisual communication.
"With this, we will strengthen the production of Brazilian cinema. Brazilian stories told by Brazilians for our country and the world", summarized President Lula in a post on his profile on the social network X.
In a public hearing on the topic held in November 2023, in the Chamber of Deputies, representatives of the Brazilian audiovisual sector (producers, exhibitors, distributors and filmmakers) presented a set of demands for the sector to face competition from North American cinema and streaming . They reported difficulty in keeping Brazilian films showing without the quota, which ended in 2021.
QUOTAS ON PAY TV — The new legislation extends until 2043 the obligation of home video exhibition and distribution companies to include feature-length Brazilian cinematographic works in their programming. It also extends the obligation for home video distribution companies to include, in their catalogs, a percentage of Brazilian cinematographic and videophonographic works, and must release them commercially.
The Law also modifies article 41 of Law No. 12,485/11, which provides for conditional access audiovisual communication, known as “pay TV”. This extends until December 31, 2038 the validity of articles 16 to 23 — which establish a minimum viewing time for national content, especially those produced by an independent producer.
CINEMA ROOMS — With the regulations, the quota for commercial exhibition of Brazilian cinematographic works is recreated, obligatorily, until the deadline of December 31, 2033. The aim is to promote the appreciation of national cinema by determining which companies, film industry and park exhibitors include and maintain, within the scope of their programming, Brazilian full-length cinematographic works, observing the minimum number of sessions and the diversity of titles.
However, these laws lack specific regulation by the National Cinema Agency (Ancine) , which, in addition to being consulted, will have its powers expanded to monitor representative entities that produce, distribute and sell cinematographic and videophonographic works in the country regarding compliance with the established measures.
The measures aim to promote the self-sustainability of the national film industry, which currently employs 88 thousand people, according to industry estimates. They also aim to promote the exhibition park, freedom of programming, the appreciation of national culture, the universalization of access to Brazilian cinematographic works and their participation in the cinema segment.
