Fundos patrimoniaisa Lei nº 13.800/2019 e o caso do Museu Nacional

Resumo

This essay aims to describe the development of the theme of endowment funds for the protection of public goods in Brazil, seeking to understand the legislative process of Law No. 13,800/2019 (Endowment Funds Law). For the general overview, we sought to outline the concept of endowment funds, their context of adoption, and their general characteristics, as well as their defining aspects in light of Law No. 13,800/2019. From this angle, we understood that the model of Law No. 13,800/2019 is one of several possible for endowment funds. Then, regarding the study of the legislative process, we carried out a detailed description of the comparison among the texts of the Provisional Measure No. 851/2018, the Conversion Bill and the Law sanctioned by the Presidency of the Republic, in order to report the discussions held in each legislative stage, having found that there have been considerable textual changes. Lastly, we carried out a case study of the National Museum, whose fire on September 2, 2018 catalyzed the issuance of Provisional Measure No. 851/2018, originator of Law No. 13,800/2019. In the case study, we described the coping and reconstruction measures of the National Museum, with a focus on the process of creation of an endowment linked to this institution, which, despite not having been created yet, may make use of a privatist structure (through the association linked to the Museum) and/or statist (through the Brazilian Institute of Museums (IBRAM)). Therefore, this essay started with a general overview, passed through the legislative history and process of Provisional Measure No. 851/2018 until the enactment of Law No. 13,800/2019 and finally arrived at the case study of the National Museum of Rio de Janeiro.

Ficha do documento

Tipo

Outro

Ano

2022

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/32462

Palavras-chave

Endowment fundsLaw No. 13,800/2019National Museum of Rio de JaneiroFundos patrimoniaisLei nº 13.800/2019Museu Nacional do Rio de JaneiroDireitoDoaçõesLevantamento de fundosMuseu Nacional (Brasil)