Law No. 11904, Of 14 January 2009

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Law No. 11904, of 14 JANUARY 2009.
Establishes the status of Museums and other matters.
The PRESIDENT of the REPUBLIC do I know that the National Congress decrees and I sanction the following law: chapter I General provisions Art. 1 museums are considered, for the purposes of this Law, non-profit institutions that conserve, investigate, communicate, interpret and exhibit, for purposes of preservation, study, research, education, and tourism, sets and collections of historical, artistic, scientific, technical or any other cultural nature, open to the public, in the service of society and of its development.
Sole paragraph. Will fit this law museological institutions and processes aimed at working with the cultural heritage and territory aimed at the socio-economic and cultural development and the participation of communities.
Art. 2 are fundamental principles of museums: I-the appreciation of human dignity;
II-the promotion of citizenship;
III-the fulfillment of social function;
IV-the enhancement and preservation of the cultural and environmental heritage;
V-the universality of access, respect and appreciation for cultural diversity;
I saw the Exchange.
Sole paragraph. The application of this article is linked to the basic principles of the national plan for culture and of the system of protection and valorization of the cultural heritage.
Art. 3 according to the characteristics and the development of each museum, there could be branches, sectionals and cores, or attachments.
Sole paragraph. For the purposes of application of this law, are defined: (I) how the branch museums dependent on others as to their direction and management, including financial, but that have museological plan as;
II-as the sectional part differentiated from a Museum, with the purpose of executing your plan, Museum occupies a property independent of the main headquarters;
III-like core or annex the movable or immovable that spaces for museological specific guidelines are part of a museum.
Art. 4 the Government establish promotion and incentive mechanisms aiming at sustainability of Brazilian museums.
Art. 5 the cultural heritage of museums, in its various manifestations, can be declared as public, in whole or in part.
§ 1 are considered cultural goods liable to musealization the movable and immovable property in the public interest, of material or immaterial nature, taken individually or in conjunction with reference to the natural environment, the identity, culture and memory of the different groups of brazilian society trainers.
§ 2 will be declared of public interest the acquis of the museums whose protection and enhancement, research and access to society represent a cultural value of outstanding importance to the nation, respecting cultural diversity, regional, ethnic and Linguistics in the country.
§ 3 (vetoed) Art. 6 this Act does not apply to libraries, archives, documentation centres and to collections which can be visited.
Sole paragraph. Are considered spectacular collections of cultural collections kept by a person or entity, that do not show the characteristics provided for in art. 1 of this law, and which are open to visitation, albeit sporadically.
CHAPTER II rules applicable to Art Museums. 7 the creation of museums by any entity is free regardless of the legal regime, under the terms established in this law.
Art. 8. The creation, merging and the extinction of museums will take effect through a public document.
§ 1 the preparation of plans, programs and projects, aiming at the creation Museum, the merger or the maintenance of museums, should be in line with the law on 7287, of 18 December 1984.
§ 2 the creation, the merger or the extinction of museums should be registered with the competent organ of the Government.
Art. 9th museums can stimulate the formation of associations of friends of museums, specialized interest groups, volunteer work or other forms of systematic collaboration and participation of the community and the public.
§ the museums as possible, offer spaces for the installation of associative structures or voluntary service to order the contribution to the performance of the functions and purposes of the museums.
§ 2 the museums will be able to create a host service, training and volunteer management, providing a specific regulation, assuring and establishing the mutual benefit of the institution and of the volunteers.
Art. 10. (vetoed) Art. 11. The name of the State, regional or District Museum may only be used by Federation Unit bound Museum or museums the State authorizes the use of this title.
Art. 12. The title of municipal museum may only be used by Museum linked to Municipality or by museums to whom the Municipality authorize the use of this title.
Section I Of Public Art Museums. 13. Are considered public museums museological institutions linked to the Government, located in the national territory.
Art. 14. The Government will firm an annual plan, to ensure the functioning of public museums and allow the fulfilment of its purposes.
Art. 15. The public museums are governed by specific legal act.
Sole paragraph. Without prejudice to the provisions of this article, the public museum may establish agreements for its management.
Art. 16. Is prohibited the direct or indirect participation of technical staff of public museums in activities related to the commercialization of cultural goods.
Sole paragraph. Evaluation activities for commercial purposes will be permitted for employees on duty in the museums, in the case of internal use of scientific interest, or at the request of the Government, by administrative procedure applicable.
Art. 17. The museums maintain qualified staff, observed the legislation in force.
Sole paragraph. The managing body of the public museum will ensure the availability of skilled staff and sufficient in number for the fulfilment of its purposes.
Section II of the rules of procedure and of the basic areas of Art Museums. 18. public and private entities that depend on the museums should clearly define its organic framework and approve its rules of procedure.
Art. 19. Every Museum must have appropriate facilities for completion of the necessary functions, as well as the well-being of users and employees.
Art. 20. The direction of museums to ensure their proper functioning, the museum plan through specialized functions, as well as to plan and co-ordinate the implementation of the annual plan of activities.
Subsection I of preservation, of Consersvação, catering and security Art. 21. The museums shall ensure the preservation and safety of your holdings.
Sole paragraph. The programs, the rules and procedures for the preservation, conservation and restoration will be developed by each museum in accordance with current legislation.
Art. 22. Will apply the system of joint and several liability to actions of preservation, conservation or restoration that entail irreparable damage or destruction of cultural property museums, being liable to negligence.
Art. 23. The museums must have security conditions needed to ensure the protection and integrity of cultural property under his guard, as well as of the users, their employees and facilities.
Sole paragraph. Each museum should be periodically tested security program to prevent and neutralize dangers.
Art. 24. Is provided to museums to establish restrictions on the entry of objects and, exceptionally, persons, duly justified.
Art. 25. public security authorities can cooperate with museums, through the joint definition of the security program and the approval of equipment for prevention and neutralization of dangers.
Art. 26. The museums shall cooperate with public security authorities in combating crimes against property and trafficking of cultural goods.
Art. 27. The programme and the safety requirements of each Museum have confidential nature.
Sole paragraph. (Vetoed)
Subsection II of the study, research and educational action Art. 28. The study and the research underlying the actions developed in all areas of the museums in fulfilling their multiple skills.
§ 1 the study and research will dominate the procurement policy and descartes, the identification and characterization of the cultural goods incorporated or embeddable and activities for purposes of documentation, conservation, exhibition and interpretation and education.
§ 2 the museums should promote public studies, diagnosis and periodic evaluations aiming at the progressive improvement of the quality of its operation and meet the needs of visitors.
Art. 29. The museums should promote educational activities, based on respect for cultural diversity and community involvement, helping to expand access of society to cultural events and the material and immaterial heritage of the nation.
Art. 30. The museums should provide opportunities for professional practice to educational institutions that provide courses in museology and related disciplinary fields related to museological functions and to their vocation.
Subsection III of Cultural dissemination and access to Museums

Art. 31. communication actions are ways to make known the cultural goods incorporated or deposited at the Museum, in order to provide public access.
Sole paragraph. The Museum will regulate public access to cultural goods, taking into account the conditions of conservation and security.
Art. 32. The museums should draw up and implement appropriate exhibition programs to their vocation and typology, with the purpose of promoting access to cultural goods and stimulate reflection and recognition of its symbolic value.
Art. 33. The museums may authorise or produce publications on topics related to their cultural goods and advertisements about its collection and its activities.
§ 1 shall be guaranteed the quality, fidelity, and the scientific and educational purposes of material produced, without prejudice to copyright and related rights.
§ 2 all replicas and other copies shall be marked as such, so as to prevent them from being mistaken for the objects or specimens.
Art. 34. The policy of free or cost of admission to the Museum will be established by him or by the entity that depends on, for different audiences, as sheltered national legislative system devices.
Art. 35. The museums will be characterized by the universal accessibility of different audiences, in accordance with the legislation in force.
Art. 36. the statistics of visitors of museums will be sent to the competent agency or entity of public power, in the form laid down by the respective governing authority, when requested.
Art. 37. The museums should make a book of suggestions and complaints provisions of visibly in the area of reception of visitors.
Subsection IV of collections of Art Museums. 38. The museums should formulate, approve or, when applicable, propose, for approval of the entity that relies on a policy of acquisitions and descartes of cultural goods, updated periodically.
Sole paragraph. The Government-linked museums will give publicity to the terms of descartes to be carried out by the institution, by means of publication in its official Gazette.
Art. 39. It is the duty of the museums keep systematically updated documentation on cultural goods that form part of their assets, in the form of records and inventories.
§ 1 the registration and inventory of cultural property museums should structure itself to ensure compatibility with the national inventory of cultural property.
§ 2 the goods listed or registered shall enjoy protection with views to avoid their perishing or deterioration, promote its preservation and safety and disclose their existence.
Art. 40. museological inventories and other records to identify cultural objects drawn up by public and private museums, are considered archival heritage of national interest and must be stored in the premises of the museums, in order to avoid destruction, loss or deterioration.
Sole paragraph. In the case of extinction of the museums, their inventories and records shall be kept by the successor agency or entity.
Art. 41. The protection of the cultural heritage of museums is completed by the national inventory, without prejudice to other forms of protection.
§ 1 national inventory means the insertion of systematized data and updated periodically about the cultural assets that exist in each museum, with its identification and protection.
§ 2 the national inventory of Museum goods will have no implications for the ownership, possession or another right in rem.
§ 3 the national inventory of cultural property of museums will be coordinated by the Union.
§ 4 To effect the integrity of the national inventory, the museums will be responsible for the integration of data on its cultural assets.
Subsection V of the Use of the images and reproductions of cultural goods of Art Museums. 42. The museums will facilitate access to the image and the reproduction of their cultural goods and documents according to the procedures laid down in existing legislation and internal regulations of each museum.
Sole paragraph. The provision of this article shall be based on the principles of conservation of cultural property, the public interest, of non-interference in the activity of museums and the guarantee of intellectual property rights, including image, in the form of existing legislation.
Art. 43. The museums shall ensure the protection of the cultural assets that constitute your holdings, both in regard to the quality of the images and reproductions as fidelity to the senses and educational outreach to them, in accordance with the legislation in force.
Section III of the Museological Plan Art. 44. It is the duty of the museums develop and implement the Museological Plan.
Art. 45. The Museum Plan is understood as a basic tool of strategic planning, global sense and integrator, indispensable for the identification of the vocation of the museological institution for defining, planning and prioritization of goals and actions of each of its areas of operation as well as justifies the creation or the fusion of museums, constituting a fundamental instrument for the systematization of internal work and for the activities of museums in society.
Art. 46. The Museum the Museum Plan will set its basic mission and its specific function in society and can contain the following items, among others: (I)-the participatory diagnostic institution, and can be performed with the external collaborators;
II-identification of spaces, as well as the patrimonial collections under the custody of museums;
III-the identification of the public who is the work of museums;
IV-detailing of programmes: the Institutional);
b) of personnel management;
c) of collections;
d) of Exhibitions;
and Educational and Cultural);
g)-urban Architectural;
(I) financing and fomentation);
§ 1 in the consolidation of the Museum Plan, must take into account the interdisciplinary character of the programs.
§ 2 the Museum Plan will be drawn up, preferably, participatory way, involving all employees of museums, as well as experts, social partners, users and external consultants, taken into account their specificities.
§ 3 the Museological Plan should be evaluated and reviewed by the institution with periodicity defined in its rules of procedure.
Art. 47. The projects components of Museological Plan programs will be characterized by feasibility, suitability to different specifications, Programs execution schedule, the explanation of the methodology adopted, the description of the planned actions and the implementation of a permanent assessment system.
CHAPTER III society and the museums section I General provisions Art. 48. in line with the purpose of the society service established in this law, may be promoted collaborative mechanisms with other entities.
Art. 49. The activities of the mechanisms laid down in art. 48 of this law shall be authorised and supervised by the Director of the Museum, which can suspend them if its development conflict with the normal operation of the Museum.
Art. 50. Will be understood as associations of friends of museums civil societies, non-profit organization, incorporated in the form of civil law, which meet at least the following requirements: (I)-the record in your instrument maker, as sole purpose, support, maintenance and encouragement of activities that concern, especially those intended for the general public;
II-don't restrict the accession of new members, whether individuals or legal entities;
III-be prohibited the remuneration of the Board of Directors.
Sole paragraph. The recognition of the Association of friends of the museums will be held in registration form prepared by the maintainer or competent authority.
Art. 51. (vetoed) Art. 52. The associations of friends should make public their balance sheets periodically.
Sole paragraph. The associations of friends of museums should allow any certain checks by competent control bodies, providing the clarifications requested to them, in addition to being required to mail them copies of balance sheets annually and the reports of the fiscal year.
Art. 53. The associations of friends, in the exercise of their functions, subject to the express prior approval of the institution to which you link, the plans, projects and actions.
Art. 54. Associations may book up to 10% of all resources received and generated by them for their own administration and maintenance, the rest being reverted to the museological institution.
Section II Art Museums systems. 55. The system of Museums is an organized network of museological institutions, based on voluntary membership, set up progressively and aimed at the coordination, articulation, mediation, training and cooperation between museums.
Art. 56. The federated entities shall establish in law, called State Status, Regional, Municipal or District of Museums, organization-specific standards, articulation and museological institutions assignments in systems of museums, according to the principles laid out in this Statute.
§ 1 the State or regional systems, district and municipal museums will be made gradually, always aiming at qualification of their museums.
§ 2 The museum systems aim to:

I-support technically the disciplinary and thematic area museums or geographically related thereto;
II-promoting cooperation and coordination between the museums of disciplinary and thematic or geographical area related thereto, in particular with the municipal museums;
III-contributing to the vitality and cultural dynamism of the installation sites of museums;
IV-drawing up opinions and reports on issues of museology in the context of action to them belongs;
V-collaborating with the agency or entity of the competent public authorities concerning the examination of applications to the Brazilian museums system, in promoting programs and activity and the monitoring of its implementation.
Art. 57. The Brazilian museums system shall have a Steering Committee, with the purpose of proposing guidelines and actions, as well as support and accompany the Brazilian museological sector development.
Sole paragraph. The Managing Committee of the Brazilian museums system will be composed of representatives of agencies and entities with representation in the area of the National Museum.
Art. 58. The Brazilian museums system aims to promote: (I)-the interaction between museums, related institutions and professionals linked to the sector, aimed at the constant improvement of material and cultural resources;
II-valuation, registration and dissemination of specific knowledge in the field Museum;
III-the integrated management and the development of institutions, collections and museological processes;
IV-the development of actions directed to the areas of procurement of goods, training of human resources, documentation, research, preservation, restoration, and communication between the organs and public bodies, private entities and museological units forming part of the system;
V-the promotion of the quality of performance of museums through the implementation of assessment procedures.
Art. 59. Are specific objectives of the Brazilian museums system: I-promote articulation between museological institutions, while respecting their autonomy legal-administrative, cultural and scientific and technical;
II-to encourage the development of programs, projects and museological activities which respect and value the cultural heritage of popular and traditional communities, according to their specific characteristics;
III-disseminate technical and scientific standards and procedures that guide the activities developed in the museological institutions;
IV-to stimulate and support the programs and projects of increment and professional qualification of teams that perform museological institutions;
V-to encourage the participation and interests of various segments of society in the Museum sector;
VI-to stimulate the development of programs, projects, and educational and cultural activities in the museological institutions;
VII-to encourage and promote the creation and the articulation of networks and State, municipal and international systems of museums, as well as Exchange and integration to the Brazilian museums system;
VIII-to contribute to the implementation, maintenance and updating a national register of Museums;
IX-propose the creation and improvement of legal instruments for optimal performance and development of museological institutions in the country;
X-propose measures for security and protection policy of holdings, installations and buildings;
XI-to encourage training, upgrading and enhancement of museological institutions and professionals; and XII-stimulate exchange, acquisition-oriented practices, documentation, research, preservation, conservation, restoration and dissemination of Museum Collections.
Art. 60. Can be part of the Brazilian museums system, through the formalization of skillful instrument to be signed with the competent body, the public and private museums, educational institutions related to the field of museology and related entities in the form of specific legislation.
Art. 61. Shall have priority, with regard to processing specifically developed policies, the members of the Brazilian museums system.
Sole paragraph. The museums in the accession process can be benefited by specific qualification policies.
Art. 62. The members of the Brazilian museums system collaborate amongst themselves and articulate their resources with a view to improving and enhancing the provision of services to the public.
Sole paragraph. The above-mentioned collaboration is reflected in the establishment of contracts, agreements, covenants and protocols of cooperation between museums or with public or private entities.
Art. 63. The museums integrated into the Brazilian museums system enjoy the right of first refusal in the event of a judicial sale or auction of cultural assets, complied with the legislation in force.
§ 1 the period for exercising the preemptive right is fifteen days, and, in the case of competition between museums of the system, it is the responsibility of the Steering Committee to determine what the Museum to which it will give primacy.
§ 2 the preference can only be exercised if the cultural preference object fit in the Museum acquisitions policy, under penalty of nullity of the Act.
CHAPTER IV Penalties Art. 64. (vetoed) Art. 65. (vetoed) Art. 66. Without prejudice to the penalties laid down by the federal, State and local legislation, in particular the arts. 62, 63 and 64 of the law on 9605, of 12 February 1998, the non-compliance with the measures necessary for the preservation or correction of inconvenience and damage caused by the degradation, destruction and destruction of assets of museums would subject offenders: I-to fine or daily in simple values corresponding to at least 10 and not more than 1000 days-fine, aggravated in cases of recurrence as specific regulation, sealed their recovery by the Union has already been applied by the State, the Federal District, by the Territories or Municipalities;
II-the loss or restriction of incentives and tax breaks granted by the Government for a period of five years;
III-the loss or suspension of participation in official establishments financing lines of credit, for a period of five years;
IV-the impediment of contract with the Government for a period of five years;
V-the partial suspension of its activity.
§ 1 Without prevent the application of the penalties provided for in this article, is the offender forced to compensate or repair the damage caused to the goods and the third damaged. musealized
§ 2 in case of omission of the authority, it will be up to the competent authority, in application of the federal cash penalties provided for in this article.
§ 3 in the cases provided for in items II and III of the caput of this article, the declaratory Act, restriction or suspension will be the administrative or financial allocation which granted the benefits, incentives or funding.
§ 4 Checked recidivism, the fine penalty will be exacerbated.
Chapter V transitional and final provisions Art. 67. The museums adjust their structures, resources and legislation to the provisions of this Law within five years of its publication.
Sole paragraph. The federal museums already operational should proceed to adapt their activities to the precepts of this law within two years.
Art. 68. Guarded national sovereignty, public order and morality, the Brazilian Government will provide, with regard to the fight against trafficking in cultural property of museums, the necessary cooperation to another country, without any burden, when prompted to: I-production of evidence;
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 question;
V-other assistance permitted by applicable law by treaties to which Brazil is a party to the.
Art. 69. For the achievement of the purposes referred to in this law, and especially for the reciprocity of international cooperation, should be maintained communications system able to facilitate international, fast and secure exchange of information on cultural objects.
Art. 70. This law shall enter into force 120 days after the date of its publication.
Brasília, 14 of January 2009; 188 of independence and 121 of the Republic.
LUIZ INACIO LULA DA SILVA Tarso Genro Roberto Gomes do Nascimento

Related Laws