Law No. 11904, Of 14 January 2009

Original Language Title: Lei nº 11.904, de 14 de Janeiro de 2009

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LEI No. 11,904, OF January 14, 2009.

Institutes the Statute of Museums and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC I know that the National Congress decrees and I sanciono the following Law:

CHAPTER I

General provisions

Art. 1st Considerate museums, for the purposes of this Law, the non-profit institutions that retain, investigate, communicate, interpret and expose, for the purposes of preservation, study, research, education, contemplation and tourism, ensembles and collections of historical, artistic, scientific, technical or of any other cultural nature, open to the public, the service of society and its development.

Single paragraph. It will fall into this Law the institutions and museological processes aimed at work with cultural heritage and territory aiming at cultural and socio-economic development and participation of communities.

Art. 2nd are fundamental principles of museums:

I-the valorisation of human dignity;

II-the promotion of citizenship;

III-the fulfillment of the social function;

IV-the valorisation and preservation of cultural and environmental heritage;

V-the universality of access, respect and valorisation to cultural diversity;

VI-the institutional exchange.

Single paragraph. The application of this article is linked to the basilar principles of the National Plan of Culture and the regime of protection and enhancement of cultural heritage.

Art. 3rd As per the characteristics and development of each museum, they can there are subsidiaries, sectional and nuclei or attachments of the institutions.

Single paragraph. For the purposes of applying this Act, they are defined:

I-as a subsidiary the dependent museums of others as to their direction and management, including financial, but which have autonomous museological plan;

II-as sectional the differentiated part of a museum which, with the purpose of carrying out its museological plan, occupies an immovable independent of the main headquarters;

III-as core or attachment the movable or immovable spaces that, by specific museological orientations, are part of a museum project.

Art. 4th The public power will establish mechanisms of fomenting and encouragement targeting the sustainability of Brazilian museums.

Art. 5th The cultural assets of museums, in their various manifestations, can be declared as of public interest, in whole or in part.

§ 1st Consideration of cultural assets liable to musealization the movable and immovable property of public interest, of a material or immaterial nature, taken individually or jointly, bearers of reference to the natural environment, identity, culture and memory of the different groups ' formative groups of Brazilian society.

§ 2nd Will be declared as of public interest the acquis of museums whose protection and valorisation, research and access to society represent a cultural value of highlighting importance to the Nation, respected the cultural, regional, ethnic and linguistic diversity of the Country.

§ 3rd (VETADO)

Art. 6th This Law does not apply to libraries, archives, documentation centers, and collections visitable.

Single paragraph. A collection of cultural property sets retained by a physical or legal person, which do not present the characteristics provided for in art, are considered as collections. 1st of this Law, and which are open to visitation, albeit sporadically.

CHAPTER II

From the Regime Applicable to Museums

Art. 7th The creation of museums by any entity is free, regardless of the legal regime, in the terms set forth in this Law.

Art. 8th The creation, the fusion and extinction of museums will take effect through public document.

§ 1st The elaboration of plans, programs and museological projects, aiming at creation, à merger or maintenance of museums, must be in line with the Law no 7,287, of December 18, 1984.

§ 2nd The creation, merger or extinction of museums is to be registered in the competent body of public power.

Art. 9th Museums will be able to stimulate the constitution of associations of friends of the museums, groups of specialized interest, volunteering or other forms of collaboration and systematic participation of the community and the public.

§ First the museums, as far as their possibilities, will provide spaces for the installation of associative or volunteering structures that have an end to the contribution to the performance of the functions and purposes of museums.

§ 2nd museums will be able to set up a host service, training and management of volunteering, endowing itself with a specific regulation, ensuring and establishing the mutual benefit of the institution and the volunteers.

Art. 10. (VETADO)

Art. 11. The state, regional or district museum denomination may only be used by museum bound for the Federation's Unit or by museums to whom the State authorizes the use of this denomination.

Art. 12. The municipal museum denomination may only be used by museum linked to Municipality or by museums to whom the Municipality authorizes the use of this appellation.

Section I

From the Public Museums

Art. 13. They are considered public museums the museological institutions linked to public power, located in the national territory.

Art. 14. The public power will firm up a prior annual plan, so as to ensure the operation of public museums and allow for the fulfillment of their purposes.

Art. 15. Public museums will be governed by specific normative act.

Single paragraph. Without prejudice to the provisions of this article, the public museum will be able to establish congeniums for its management.

Art. 16. It is vetted the direct or indirect participation of technical personnel of the public museums in activities linked to the commercialization of cultural goods.

Single paragraph. Assessment activities for commercial purposes will be allowed to the employees on duty in the museums, in the cases of internal use, of scientific interest, or at the request of the organ of the Public Power, upon a cableable administrative procedure.

Art. 17. Museums will keep properly qualified employees, the current legislation observes.

Single paragraph. The managing body of the public museum will ensure the availability of qualified staff and in sufficient number for the fulfillment of its purposes.

Section II

From the Rules and the Basic Areas of the Museums

Art. 18. The public and private entities that rely on museums should clearly define their organic framework and approve the respective regiment.

Art. 19. Every museum should have facilities appropriate to the fulfillment of the necessary functions, as well as to the well-being of the users and staff.

Art. 20. It is incumbent upon the direction of museums to ensure their proper functioning, the fulfillment of the museological plan by means of specialized functions, as well as to plan and coordinate the implementation of the annual activity plan.

Subsection I

From Preservation, Consersvation, Restoration and Security

Art. 21. Museums will ensure the conservation and safety of your aceros.

Single paragraph. The programmes, standards and procedures for preservation, conservation and restoration will be drawn up by each museum in accordance with the current legislation.

Art. 22. It will apply the regime of caring liability to the actions of preservation, conservation or restoration that entail irreparable damage or destruction of cultural property of museums, being punishable by negligence.

Art. 23. Museums must have the indispensable security conditions to ensure the protection and integrity of cultural assets under their guard, as well as of the users, the respective officials and the facilities.

Single paragraph. Each museum must have a Security Program periodically tested to prevent and neutralize dangers.

Art. 24. It is provided to museums to establish restrictions on the entry of objects and, exceptionally, persons, as long as it is duly justified.

Art. 25. Public security entities will be able to cooperate with the museums by means of the joint definition of the Safety Programme and the approval of hazard prevention and neutralization equipment.

Art. 26. Museums will collaborate with public security entities in combating crimes against the property and trafficking of cultural assets.

Art. 27. The Program and the safety rules of each museum have a confidential nature.

Single paragraph. (VETADO)

Subsection II

From the Study, Research, and Educational Action

Art. 28. The study and research substantiate the actions developed in all areas of museums, in the fulfillment of their multiple competences.

§ 1st The study and the research will northeorate the policy of acquisitions and discarders, the identification and characterization of embedded or embogeable cultural assets and activities with the purposes of documentation, conservation, interpretation and exhibition and education.

§ 2nd museums should promote public studies, diagnosis of participation and periodic evaluations objectifying the progressive improvement of the quality of its functioning and the fulfillment to the needs of visitors.

Art. 29. Museums are expected to promote educational actions, grounded in respect for cultural diversity and community participation, contributing to broadening society's access to cultural manifestations and the material and immaterial heritage of the Nation.

Art. 30. Museums should provide opportunities for professional practice to educational establishments that will administer courses in museology and related, in the disciplinary fields related to museological functions and their vocation.

Subsection III

From the Cultural Diffusion and Access to Museums

Art. 31. Communication actions constitute ways of making themselves aware of the cultural assets incorporated or deposited in the museum, so as to propitiate public access.

Single paragraph. The museum will regulate public access to cultural assets, taking into consideration the conditions of conservation and safety.

Art. 32. Museums should draw up and implement exhibition programmes appropriate to their vocation and typology, with the purpose of promoting access to cultural assets and stimulating reflection and recognition of their symbolic value.

Art. 33. Museums will be able to authorize or produce publications on themes linked to their cultural assets and advertising pieces about their acquis and their activities.

§ 1st will be guaranteed quality, faithfulness and scientific and educational purposes of the material produced, without prejudice to the copyrights and related.

§ 2nd All replicas and too many copies will be pointed out as such, so as to prevent them from be confused with the original objects or specimens.

Art. 34. The policy of gratuity or onerousness of the ticket to the museum will be established by him or by the entity that it depends on, for different audiences, as devices housed by the national legislative system.

Art. 35. Museums will be characterised by the universal accessibility of the different audiences in the form of the current legislation.

Art. 36. The statistics of visitors to the museums will be sent to the competent body or entity of the public power in the form fixed by the respective entity when requested.

Art. 37. Museums should make available a book of suggestions and complaints made visible in the visitors ' area of reception.

Subsection IV

Dos Acervos dos Museums

Art. 38. Museums should formulate, approve or, when cableable, propose, for approval of the entity that it depends on, a policy of acquisitions and discarders of cultural goods, updated periodically.

Single paragraph. Museums linked to the public power will give publicity to the terms of discarders to be effected by the institution, by way of publication in the respective Official Journal.

Art. 39. It is the obligation of museums to keep systematically updated documentation of the cultural assets that integrate their acervos, in the form of records and inventories.

§ First the record and the inventory of museums ' cultural assets must structure themselves from how to ensure compatibilization with the national inventory of cultural assets.

§ 2nd goods inventoried or registered enjoy protection with seen to avoid your perishing or degradation, to promote its preservation and security and to publicize the respective existence.

Art. 40. Museological inventories and other records that identify cultural assets, drawn up by public and private museums, are considered archival heritage of national interest and should be retained in the respective facilities of museums, so as to avoid destruction, loss or deterioration.

Single paragraph. In the case of the extinction of museums, their inventories and registrations will be retained by the successor organ or entity.

Art. 41. The protection of museums ' cultural assets is complete by the national inventory, without prejudice to other forms of competing protection.

§ 1st Understanding by national inventory the insertion of systematized and updated data periodically on the existing cultural assets in each museum, objecting to its identification and protection.

§ 2nd The national inventory of museums ' assets will have no implications on ownership, possession or other real right.

§ 3rd The national inventory of the cultural assets of museums will be coordinated by the Union.

§ 4th For the purpose of the integrity of the national inventory, museums will hold themselves accountable. by the insertion of the data about their cultural assets.

Subsection V

From the Use of the Images and Reproductions of the Cultural Goals of Museums

Art. 42. Museums will facilitate access to the image and reproduction of their cultural assets and documents as per the procedures laid down in the current legislation and in the internal regiments of each museum.

Single paragraph. The provision that it treats this article will be grounded in the principles of the conservation of cultural assets, the public interest, non-interference in the activity of museums and the guarantee of intellectual property rights, including image, in the form of the current legislation.

Art. 43. Museums will ensure the protection of the cultural assets that constitute their aceros, both in relation to the quality of the images and reproductions as to the fidelity to the educational and dissemination senses of their own, in the form of the current legislation.

Section III

From the Museological Plan

Art. 44. It is the duty of museums to draw up and implement the Museological Plan.

Art. 45. The Museological Plan is understood as a basic tool of strategic planning, of a global sense and integrator, indispensable for the identification of the vocation of the museological institution for the definition, the planning and prioritization of the goals and actions of each of its areas of operation, as well as substantiate the creation or merger of museums, constituting fundamental instrument for the systematization of internal work and for the performance of museums in society.

Art. 46. The museum's Museological Plan will define its basic mission and its specific function in society and be able to contemplate the following items, among others:

I-the participatory diagnosis of the institution, and may be carried out with the contest of external collaborators;

II-the identification of the spaces as well as of the heritage ensembles under the guard of museums;

III-the identification of the audiences to whom the work of museums is intended;

IV-detailing of the Programs:

a) Institutional;

b) of Management of People;

c) of Acervos;

d) of Expositions;

e) Educational and Cultural;

f) of Research;

g) Architectural-urbanistico;

h) of Security;

i) of Funding and Fomento;

j) of Communication.

§ 1st In the consolidation of the Museological Plan, one must take into account the character interdisciplinary of the Programs.

§ 2nd The Museological Plan will be drawn up, preferably, in a participatory manner, involving the ensemble of the employees of the museums, in addition to specialists, social partners, users and external consultants, taken into account their specificities.

§ 3rd The Museological Plan is to be assessed permanently and reviewed by the institution with periodicity defined in your regiment.

Art. 47. The component projects of the Museological Plan Programs will be characterized by the exetricity, suitability to the specifications of the distinct Programs, presentation of execution schedule, the explicitation of the adopted methodology, the description of the planned actions and the deployment of a permanent evaluation system.

CHAPTER III

The Society and the Museums

Section I

Provisions General

Art. 48. In line with the purpose of service to the society established in this Law, mechanisms for collaboration with other entities may be promoted.

Art. 49. The activities arising from the mechanisms provided for in the art. 48 of this Act will be authorized and supervised by the direction of the museum, which will be able to suspend them should their development conflict with the normal functioning of the museum.

Art. 50. They will be understood as associations of friends of museums the civil, not-for-profit societies constituted in the form of civil law, which fulfil at least the following requirements:

I-appear in its creator instrument, as exclusive purpose, the support, maintenance and the incentive to activities of the museums to which they refer, especially those intended for the general public;

II-no restrict the membership of new members, whether physical or legal persons;

III-be vetted the remuneration of the board.

Single paragraph. The recognition of the association of friends of the museums will be carried out on a cadastral sheet drawn up by the mantenor body or competent entity.

Art. 51. (VETADO)

Art. 52. Friends ' associations should make public their balance sheets periodically.

Single paragraph. Museums 'friends' associations should allow any checks determined by the competent control bodies, by providing the clarifications they are asked for, in addition to being obliged to refer to them annually copies of balance sheets and the reports of the social exercise.

Art. 53. The associations of friends, in the performance of their duties, shall submit to the prior and express approval of the institution to which they are bound, of the plans, of the projects and of the actions.

Art. 54. The associations will be able to book up to ten per cent of the entire resources by them received and generated for their own administration and maintenance, the remainder being reverted to the museological institution.

Section II

From the Museums Systems

Art. 55. The Museums System is an organized network of museological institutions, based on voluntary membership, set up in a progressive way and which aims at coordination, articulation, mediation, qualification and cooperation among museums.

Art. 56. The federates shall establish in law, called the State Status, Regional, Municipal or District of Museums, specific standards of organization, articulation and assignments of the museological institutions in museums systems, according to the principles laid down in this Statute.

§ 1st The installation of the state or regional, district and municipal systems of museums will be done in a gradative manner, always aiming at the qualification of the respective museums.

§ 2nd museums systems have for purpose:

I-support technically the museums of the disciplinary and thematic or geographical area with them related;

II-promote the cooperation and articulation between the museums of the disciplinary and thematic area or geographical with them related, in particular with municipal museums;

III-contribute to vitality and cultural dynamism of the museums ' installation sites;

IV-elaboration opinions and reports on issues concerning museology in the context of acting to them adstrite;

V-collaborate with the organ or entity of the competent public power in the regard to the appreciation of applications to the Brazilian System of Museums, in the promotion of programs and of activity and the follow-up of the respective implementation.

Art. 57. The Brazilian System of Museums will have a Gestor Committee, with the purpose of proposing guidelines and actions, as well as supporting and following up with the development of the Brazilian museological sector.

Single paragraph. The Management Committee of the Brazilian System of Museums will be composed of representatives of bodies and entities with representativeness in the area of national museology.

Art. 58. The Brazilian System of Museums has the purpose of promoting:

I-the interaction between the museums, related institutions and professionals connected to the sector, aiming at the constant improvement of the use of material and cultural resources;

II-the valorisation, registration and dissemination of specific knowledge in the museological field;

III-the integrated management and development of the institutions, acervos and museological processes;

IV-the development of the actions aimed at the areas of procurement of goods, capacity-building humans, documentation, research, conservation, restoration, communication and diffusion among public bodies and entities, private entities, and museological units integrating the System;

V-the promotion of the quality of the performance of museums through the implementation of evaluation procedures.

Art. 59. Constitute specific objectives of the Brazilian System of Museums:

I-promote the articulation between the museological institutions, respecting their legal autonomy-administrative, cultural and technical-scientific;

II-stimulate the development of programs, projects and museological activities that respect and cherish the cultural heritage of popular and traditional communities, of agreement with its specificities;

III-disclose standards and procedures technical-scientific that guide the activities developed in the museological institutions;

IV-stimulation and support the programs and projects of increment and professional qualification of teams acting in museological institutions;

V-stimulate the participation and interest of the diverse segments of society in the museological sector;

VI-stimulate the development of programs, projects, and educational and cultural activities in the museological institutions;

VII-encouraging and promoting the creation and articulation of networks and state, municipal, and international systems of museums, as well as their exchange and integration to the Brazilian System of Museums;

VIII-contribute to the implementation, maintenance and updating of a National Museums Cadet;

IX-propose the creation and refinement of legal instruments for the best performance and development of the museological institutions in the Country;

X-propose measures for the security policy and protection of hits, installations and buildings;

XI-encouraging training, updating and the valorisation of the professionals of museological institutions; and

XII-stimulating practices geared towards exchange, acquisition, documentation, research, preservation, conservation, restoration and diffusion of museological aceros.

Art. 60. They will be able to be part of the Brazilian System of Museums by formalizing a skilful instrument to be struck with the competent body, public and private museums, educational institutions related to the area of museology and the related entities, in the form of the specific legislation.

Art. 61. They will be given priority, as to the benefit by specifically developed policies, the integral museums of the Brazilian System of Museums.

Single paragraph. Museums in the process of accession can be benefited by specific qualification policies.

Art. 62. The integral museums of the Brazilian System of Museums collaborate with each other and articulate the respective resources with a view to improving and potentializing the provision of services to the public.

Single paragraph. The aforementioned collaboration translates into the establishment of contracts, agreements, arrangements, and protocols of cooperation between museums or with public or private entities.

Art. 63. Museums integrated into the Brazilian System of Museums enjoy the right of preference in the event of a judicial sale or auction of cultural goods, respected the legislation in force.

§ The deadline for the exercise of the right of preference shall be fifteen days, and in the event of competition among the System museums, it is up to the Gestor Committee to determine which museum to give primacy to.

§ 2nd preference can only be exercised if the cultural good object of the preference if integrate into the procurement policy of museums, under penalty of nullity of the act.

CHAPTER IV

Das Penalties

Art. 64. (VETADO)

Art. 65. (VETADO)

Art. 66. Without prejudice to the penalties defined by the federal, state and municipal legislation, in particular the arts. 62, 63 and 64 of the Act No 9,605 of February 12, 1998, the failure to comply with the measures necessary for the preservation or correction of the inconveniences and damage caused by the degradation, destruction and destruction of museums ' property shall subject the transgressors:

I-to the simple or daily fine, on the corresponding values, at the minimum, to ten and to the maximum, a thousand days-fine, aggravated in cases of recidivism, as per specific regulation, vented to its collection by the Union if it has already been applied by the State, the Federal District, the Territories or the Municipalities;

II-to the loss or restriction of incentives and tax benefits granted by the public power, by the five-year term;

III-to the loss or suspension of participation in lines of financing in establishments credit officers, by the time limit of five years;

IV-to the impediment of hiring with the public power, by the time frame of five years;

V-to the partial suspension of its activity.

§ First without obstinate the application of the penalties provided for in this article, it is the transgressor thanks to indemnifying or repairing the damage caused to the musealized goods and to third parties impaired.

§ 2nd In the case of omission of the authority, it will be up to the competent entity, in federal scope, to application of the pecuniary penalties provided for in this article.

§ 3rd in the cases provided for in the incisos II and III of the caput of this article, the declaratory act of the loss, restriction or suspension shall be an assignment of the administrative or financial authority that has granted the benefits, incentives or funding.

§ 4th Verified the recidivism, the penalty of fine will be aggravated.

CHAPTER V

Finals and Transitory provisions

Art. 67. Museums will adept their structures, resources and ordinances to the provisions of this Act within five years, numbered in their publication.

Single paragraph. Federal museums already in operation should proceed to the adaptation of their activities to the precepts of this Act within two years.

Art. 68. Resguarded national sovereignty, public order and good customs, the Brazilian government will provide, in what concerne the combat of the trafficking of cultural goods of museums, the necessary cooperation to another country, without any burden, when requested to:

I-production of proof;

II-examination of objects and places;

III-information about people and things;

IV-temporary presence of person arrested, whose statements have relevance to the decision of a cause;

V-other forms of assistance permitted by the legislation in force by the treaties of which Brazil be part.

Art. 69. For the achievement of the purposes targeted in this Act and especially for reciprocity of international cooperation, it should be maintained system of communications able to facilitate international, rapid and secure exchange of information on goods cultural of museums.

Art. 70. This Act enters into force one hundred and twenty days after the date of its publication.

Brasilia, January 14, 2009; 188th of Independence and 121st of the Republic.

LUIZ INACIO LULA DA SILVA

Tarso Genro

Roberto Gomes of the Birth