Original Language Title:  

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$19.99.
 

Decree No. 6590, OCTOBER 1, 2008.

Rules on the procedure

for the application of administrative penalties for infractions in the

film and video-phonographic activity activities and other activities they

linked, and other matters.   

The

PRESIDENT of the REPUBLIC, in the use of the role that gives the art. 84, item

IV, of the Constitution, and in view of the provisions laid down in sections II and IV of the art. 7

and in art. 60 of the provisional measure in 2,228-1 of 6 of

September 2001, and in art. Law No. 11437 's 18, 28 of

December 2006, DECREES: CHAPTER I of

SUPERVISION Art. 1 the inspection of film and video-phonographic activity and national activities

Foreign and other activities linked to them, in the national territory,

in the various market segments, will be exercised by the national agency of the

Cinema – ANCINE, through monitoring, control, guidance, verification of

irregularities and violations, as well as application of penalties.

Art. 2 preventive audit action ANCINE will Excel in national territory by

monitoring, control and guidance of market agents, whose performance

is subject to the rules governing the film industry and video-phonographic activity

and other activities linked to them.

Art. 3 supervision of the film industry and video-phonographic activity will be held

by ANCINE, which will inform the monitoring and information systems

congeners, constituted for the completion of the audit action.

CHAPTER II Of

ADMINISTRATIVE PROCEDURE section I Of

General provisions Art. 4 The provisions of this Decree violations and additional standards established in practice the activities subject to the control and supervision of the

ANCINE will be cleared in administrative procedure, secured the right to

ample defense and contradictory, subject to the provisions of the Law on

9784, of 29 January 1999.

Art. 5 public agents with attribution and police power in exercise in ANCINE are competent to cultivate infraction and prosecute

administrative.

Art. 6 the ANCINE may exercise their supervisory action by the conclusion of

technical cooperation agreements with agencies and entities of public administration

Federal, State, municipal and Federal District.

Sole paragraph.  The

covenants of the caput shall be aimed at the cooperation and assistance of the action

external audit, shall be laid down, BREAKING GROUND in their

instruments, the conditions of performance of controlling actions.

Art. 7 the tasks of the monitoring agent will be exercised and the

internally.

Art. 8. 

The public, in-Office Agent in ANCINE, which verify the occurrence of

infringement to the rules relating to the activities referred to in this Decree, and not

is competent to carry out the RAID, must communicate the fact to the authority

in charge of supervisory action in a detailed representation to the

immediate investigation and adoption of appropriate measures.

Art. 9. Any person, noting administrative infraction, you

representation to the competent administrative authority.

Section II time limits Art. 10 the procedure

administrative determination of infringement of this Decree should

observe the following maximum time limits: I-20 days for the

offender offer defense or objection against the infraction notice, as of the

date of assessment science;

II-thirty days to the

the competent authority to judge the infraction notice, from the date of

presentation of Defense or objection;

III-20 days for the

offender appeal the judgment to a higher instance or

make the payment of the fine, from the decision of first instance; and IV-10 days for

payment of the fine from the date of the summons of the appellate decision. 

Sole paragraph.  The

deadline mentioned in item (II) may be extended for an equal period, compared

justification expressed.

Art. 11 The time limits

in this Decree are in the form of the arts. 66 and 67 of the law on 9784,

in 1999.

CHAPTER III Of The

ADMINISTRATIVE PENALTIES Art. 12 Without prejudice to the

civil or criminal sanctions applicable, administrative infractions will be

punished as provided for by law and in this Decree, with the penalties of

a warning or a fine.

Art. 13 infractions

provided for in arts. 18, 19 and 21 are classified in: I-light, those in

that the offender is benefited by extenuating circumstances;

II-graves, those in

It is verified an aggravating circumstance; and III-very serious,

those where it is verified the existence of two or more conditions

aggravating.

Art. 14 For the

determination of the fine, the public officer will take into consideration the consequences

of the infraction to the film industry and video-phonographic activity in Brazil, the

economic situation of the offender and recidivism.

§ There is recurrence when the offender committing new infraction, even if

as a result of unlawful conduct different from before, after being punished

previously on final administrative decision, unless after two

years of completion of their punishment. 

§ 2 subject to the assumptions set out in arts. 18, 19, 21, 30 and 40, the value of the

fixed penalty will be increased or reduced by the percentage of 15% to

each aggravating circumstance or extenuating circumstances, subject to the limits laid down in this

Decree. 

§ 3 Are extenuating circumstances: I-voluntary adoption

of effective measures to prevent or mitigate the consequences of the infraction,

or to repair, before the decision or process of determining the authority

competent, the effects of the infringement; and II-the confession of

authorship of the infraction. 

§ 4 Are aggravating circumstances: (I)-the refusal to adopt

measures to redress the effects of the infringement;

II-oppose obstacles or

embarrassment of any kind the supervision conducted by ANCINE through

their servers;

III-withholding or

providing erroneous information to obtain pecuniary advantages or circumvent

payment of fee or contribution due, without prejudice to the criminal sanction

fits; and IV-non-attendance

the determinations established in fact-finding procedure.

Art. 15 on devices

no specific limit forecast, the fine imposed on grounds of non-compliance

the provisions of this Decree shall be limited to gross revenues 5%

the company monthly, subject to the provisions of art. provisional measure 60

2,228-1, of 6 September 2001.

§ 1 is considered no specific limit forecast the fine for the violation

provided for in administrative art. 40. § 2 the

penalty provided for in art. 30, when applied, may not exceed the limit

maximum provided for in art. 60 of the provisional measure in 2,228-1, 2001.



Art. 16 the ANCINE, when

necessary, may establish fact-finding procedure for the implementation of

steps necessary for the proof of infringement legal provisions

regulated in this Decree.

Sole paragraph.  In

fact-finding procedure, ANCINE can determine by checking the

adoption of administrative measures that target the provisions

cool, as the temporary, partial or total, and the prohibition of

marketing, display, distribution, publication or transmission of the work

film or video-phonographic activity, among other measures.

CHAPTER IV Of The

INFRINGEMENTS Art. 17 every action or

omission in compliance with any legal or regulatory provision

regarding the performance of film or video-phonographic activity or activity

exploitation of the audiovisual work, national or foreign, characterizes infringement

and will be sorted according to their severity, for purposes of

application of the penalties foreseen in this Decree.

Art. 18 Leave the

distribution of audiovisual works in the home video market, in any

support, using control system of revenue on sales,

compatible with the norms issued by ANCINE: Penalty: I-warning, in

chance of breaking considered mild;

II-500.00 R$ ticket

(500 dollars) to 100,000.00 R$ (100,000 dollars), if you record the nature of the

infraction; and III-R$ ticket

100,000.00 (100,000 dollars) to R$ 1,000,000.00 (one million dollars), if

the extremely serious nature of the infringement.

Art. 19 Leave companies

responsible for the manufacture, import and replication of pre-recorded units

home video, in any medium, using control system

revenue on sales, compatible with the norms issued by ANCINE: Penalty: I-warning, in

chance of breaking considered mild;

II-500.00 R$ ticket

(500 dollars) to 100,000.00 R$ (100,000 dollars), if you record the nature of the

infraction; and III-R$ ticket

100,000.00 (100,000 dollars) to R$ 1,000,000.00 (one million dollars), if extremely serious

the nature of the infraction.

Art. 20 Perform

exploitation of cinematographic works in any medium, in rooms or spaces

view, without the use of control system of box office revenues,

According to rules issued by ANCINE: Penalty: fine of R$

50000.00 (50000) the R$ 500,000.00 (500,000 dollars).

Art. 21 let the

Explorers of audiovisual activities provide information to ANCINE as

co-production agreements, assignment of rights of commercial exploitation,

display, publication, licensing, distribution, marketing, import

and export of audiovisual works carried out with resources originating in

tax relief or direct fostering actions, as she dispatched by standards:



Penalty: I-warning, in

chance of breaking considered mild;

II-500.00 R$ ticket

(500 dollars) to 100,000.00 R$ (100,000 dollars), if you record the nature of the

infraction; and III-R$ ticket


100,000.00 (100,000 dollars) to R$ 1,000,000.00 (one million dollars), if extremely serious

the nature of the infraction.

Art. 22 leaves the company

production of cinematographic or video-phonographic activity carried out with resources

public or from tax waiver of deposit at the Cinematheque

Brazilian or entity accredited by ANCINE a copy of low contrast,

interpositivo or array of digital work, to their proper preservation: Penalty: fine of R$

2000.00 (2000) the R$ 50000.00 (50000). 

Art. 23 Leave the

distributors, the programmers of audiovisual works for the thread

of electronic communications services market of masses, the

programmers of audiovisual works to other markets, as noted

in (a)? and? Annex I to the provisional measure in 2,228-1, 2001,

the home video rentals, and companies, as well as the

home video distributors for rental or sale direct to consumer,

in any kind of support, to provide, in accordance with standards issued by ANCINE,

periodic reports on the supply and consumption of audiovisual works and the

revenue received by its commercial exploitation in the period: Penalty: fine of R$

2000.00 (2000) the 100,000.00 R$ (100,000 dollars).

Art. 24 leaves the company

brazilian responsible for programming content services channel

electronic mass communication, generated in Brazil or in the

outside of providing your programming, including titles or chapters of works

advertising works, and serial ANCINE as standards she dispatched: Penalty: fine of R$

50000.00 (50000) the R$ 500,000.00 (500,000 dollars). 

Art. 25 Sell, assign,

lend, Exchange, lease, or display, whether for profit or not, works

videofonográficas and film without the indelible mark and immovable, with the

identification of the copyright owner in Brazil as approved

by ANCINE and by the internal revenue service of Brazil, Ministry of

Farm, set in the copy or material support in identifying mark,

in the case of advertising work: Penalty: fine of R$

2000.00 (2000) the R$ 50000.00 (50000). 

Art. 26 Display or

market cinematographic or video-phonographic activity, brazilian publicist

or not, without the prior title registry in ANCINE and,

When applicable, the Brazilian Product certificate-CPB, except in the

chance provided for in paragraph 1 of art. 28 of the provisional measure in

2,228-1, 2001: Penalty: fine of R$

2000.00 (2000) the R$ 50000.00 (50000). 

Art. 27 Let the

production companies, distribution or showing of cinematographic and

videofonográficas, domestic or foreign, to register required

in ANCINE as standards she dispatched: Penalty: fine of R$

2000.00 (2000) the 100,000.00 R$ (100,000 dollars).

Art. 28 Display, serve

or transmit in any market segment, cinematographic

or advertising foreign videofonográficas without prior information to the

the hiring of commercial exploitation rights, licensing, production,

co-production, display, distribution, marketing, import and export

or without the respective title registry: Penalty: fine of R$

50000.00 (50000) the R$ 500,000.00 (500,000 dollars). 

Art. 29 Market,

display or serve in any segment of the Brazilian market, works

videofonográficas or foreign cinema without prior information to

ANCINE the hiring of commercial exploitation rights, licensing,

production, co-production, distribution, exhibition, marketing, import and

export or without its title record, in the form of standards issued

by ANCINE: Penalty: fine of R$

50000.00 (50000) the R$ 500,000.00 (500,000 dollars). 

Art. 30 Run copy or

original cinematographic or video-phonographic activity, without

the record in the number of the identification mark its title record

in ANCINE: Penalty: fine

corresponding to three times the value of the contract or conveyance. 

Art. 31 view, serve

or transmit in any market segment, cinematographic

or Brazilian videofonográficas, non-advertising, or advertising without

prior and regular gathering of the contribution to the development of

National film industry-CONDECINE: Penalty: fine of R$

2000.00 (2000) the R$ 50000.00 (50000). 

Art. 32 Display, serve

or transmit in any market segment, cinematographic

or advertising foreign videofonográficas without prior payment and

CONDECINE regular: Penalty: fine of R$

50000.00 (50000) the R$ 500,000.00 (500,000 dollars). 

Art. 33 Market,

display or serve in any segment of the Brazilian market, works

Foreign videofonográficas cinema, without gathering

CONDECINE: Penalty: fine of R$

50000.00 (50000) the R$ 500,000.00 (500,000 dollars). 

Art. 34 Produce in Brazil

cinematographic or video-phonographic activity without communicating the fact foreign to

ANCINE: Penalty: fine of R$

2000.00 (2000) the 100,000.00 R$ (100,000 dollars).

Art. 35 perform

production or adaptation of cinematographic or video-phonographic activity,

in Brazil, without the formalization of contract with brazilian company,

responsible for the production of the Brazilian law: Penalty: fine of R$

2000.00 (2000) the 100,000.00 R$ (100,000 dollars).

Art. 36 Explore

commercially, in the Brazilian market, cinematographic and

videofonográficas whose services of copying or reproduction of the arrays do not

have been conducted in laboratories installed in the country, except those that are

displayed with a maximum of six copies, according to the first paragraph of the

art. 24 of the provisional measure 2,228-1, 2001: Penalty: fine of R$

50000.00 (50000) the R$ 500,000.00 (500,000 dollars). 

Art. 37 Display, relaying or

transmit, in any market segment, cinematographic or

foreign advertising video-phonographic activity adapted in accordance with the standards

issued by ANCINE: Penalty: fine of R$

50000.00 (50000) the R$ 500,000.00 (500,000 dollars). 

Art. 38 Hire or

perform the adaptation of cinematographic or video-phonographic activity advertising

foreigner, without compliance with the requirement of its realization by company

brazilian producer registered in ANCINE: Penalty: fine of R$

2000.00 (2000) the R$ 50000.00 (50000). 

Art. 39 Hire

programming or channels of international programming without brokering company

brazilian, qualified in the form of § 1 of art. 1 of

Provisional measure in 2,228-1, 2001: Penalty: fine of R$

500,000.00 (500,000 dollars) to R$ 2,000,000.00 (two million dollars). 

Art. 40 leaves the company

owner, tenant, leaseholder or rooms, spaces, or programmer

places of public display of commercial display annually works

Brazilian cinematographic feature films by the number of days and in the form

fixed in Decree: Penalty: fine of

5% the average daily income of accurate box office in the first half

before the infringement, multiplied by the number of days on which the obligation

was fulfilled.

Art. 41 leaves the company

home video distributor for lease or sale in any medium of

launch commercially and to keep between their titles cinematographic or

Brazilian videofonográficas in the percentage fixed annually by Decree: Penalty: fine of R$

2000.00 (2000) the R$ 50000.00 (50000). 

Art. 42 Keep in

display ad or marketing cinematographic or

video-phonographic activity brazilian or foreign advertising, after regular

notification by ANCINE determining the suspension of marketing or

withdrawal of your display: Penalty: fine of R$

50000.00 (50000) the R$ 500,000.00 (500,000 dollars).

Chapter V Of The

FINAL PROVISIONS Art. 43 for the purposes of

art. 40, the average income obtained after deduction of the collection

box office gross of the value of local, State and federal taxes and

copyrights that they cover about the value of tickets sold to

public.

Art. 44 the values

collected in payments of fines for administrative violations constitute

ANCINE's recipe.

Art. 45 For the purposes

provisions of art. 15, the monthly gross revenue of the company will be: I-the value of 1 12

round of annual gross revenues of the preceding year in which it was practised the

administrative violation or before that on which it was issued the auto

infringement, for calculating the year of highest income; and (II) in the case of

non-functioning of the company during the full period of the previous year to auto

of infringement or of the year in which it was carried out the administrative infraction, the value

gross monthly income is the gross annual income divided by the number of months of

operation of the company.

Art. 46 If the provisions

items of art. 45 is insufficient for obtaining the value of the monthly income

gross, the MOVES you can use of the following criteria, regardless of

order: I-gross revenues

for the last period in which the legal person held accounts in accordance

with the commercial and tax laws, adjusted for inflation;

II-the sum of the values

the current assets, long-term assets, and permanent, existing in the

last known balance sheet, adjusted for inflation;

III-the value of the


constant capital of last balance sheet, known or recorded in the

acts of creation or change of society, adjusted for inflation;

IV-the value of the

equity contained in the last balance sheet known,

adjusted for inflation;

V-the value of purchases

of goods made in the month;

I saw the sum, in each

month, the values of payroll employees and purchases of

raw materials, intermediate products and packaging materials;

VII-the sum of the

amounts due on month to employees; and VIII-the monthly value

the rent due.

Art. ANCINE issue 47

the normative acts necessary for the execution of this Decree.

Art. 48 this Decree enters

in force on the date of its publication.

Art. 49 Is repealed the

Decree No. 5054, of 23 April 2004.

Brasília, October 1, 2008; 187o

independence and 120(1) of the Republic.

 

 LUIZ INACIO LULA DA

SILVA João Luiz Silva Ferreira

Related Laws