Apesar da enxurrada de protestos, o deputado federal Doutor Luizinho (Progressistas-RJ) promete levar a votação na próxima semana seu relatório que define o escopo da Lei do Streaming (Projeto de Lei 8.889/2017) que deverá regular o mercado das plataformas de video sob demanda. Após receber comitivas de representantes do setor, que apontaram problemas no projeto, o deputado promoveu nos últimos dois dias alguns ajustes pontuais no seu texto, mas não mudou primordialmente a essência da lei – manteve os 4% de tributação máxima das plataformas estrangeiras, 2% para compartilhamento de conteúdos audiovisuais e os 70% para deduções fiscais (as plataformas podem investir o próprio imposto devido em produções que abasteçam seu negócio).
As mudanças foram sutis. No caso do teto de 70%, alterou-se o Art. 33 C, incluindo-se a redação “na hipótese de o contribuinte qualificar-se como produtora brasileira registrada na Ancine, observando-se o limite de 40% do valor total da dedução”. Antes, não havia a exigência de ser “registrada na Ancine”. Também caiu o Art. 7 parágrafo 6º. Esse texto dizia que a eventual cessão da titularidade dos direitos autorais patrimoniais referentes ao conteúdo brasileiro por entidades estrangeiras não descaracteriza a natureza brasileira da obra (nos termos do art. 49 da Lei nº 9.610/1998). São mudanças técnicas, exigidas para fins de segurança jurídica.
Luizinho não deu importância aos reiterados pedidos para recuar com o projeto. A Agência Nacional de Cinema (Ancine) fez um estudo e apontou graves riscos regulatórios, como a possibilidade de que se criem falsas “produtoras brasileiras” (estruturadas pelos próprios serviços de streaming) para que atendam aos requisitos legais de nacionalidade e, dessa forma, possam financiar produções próprias. Também se aponta que a possibilidade de investimento pelas próprias plataformas para remuneração dos criadores de conteúdos brasileiros é uma distorção, já que esse é um custo “já incorrido pelas plataformas de compartilhamento, e que apenas passaria a ser feito com recursos públicos” caso a lei passe.
A Ancine vê uma decorrência trágica a partir da implantação de tal legislação: a da predominância de plataformas estrangeiras no audiovisual brasileiro. Esse risco, com a atrofia do investimento público, foi apontado em vídeo de artistas (atores, atrizes, produtores) divulgado essa semana, e os artistas pediram a suspensão imediata do trâmite do texto.
Doutor Luizinho alegou, em encontro com entidades do setor, que o seu texto foi construído a partir de uma pactuação antiga do próprio governo federal com o senador Eduardo Gomes (PL-TO), evoluindo para um “meio termo” considerando o período em que esteve confiado a Jandira Feghali (PC do B-RJ). Contando com maioria de deputados para aprovação, o deputado acredita simplesmente que cumpre um rito parlamentar, mas o fato é que o prejuízo que hoje já é dimensionado em relação ao texto poderá criar um nó no desenvolvimento do audiovisual nacional que dificilmente poderá ser revertido no futuro. O secretário executivo do Ministério da Cultura, Márcio Tavares, divulgou um depoimento em vídeo nesta quinta-feira. Na nota, ele fala que o projeto “ainda” não representa um “consenso” em relação às aspirações do setor, e reitera posição em favor de 6% de tributação para as plataformas. Tavares está interino no MinC, devido a viagem da ministra da Cultura, Margareth Menezes, para o Egito.
Somos o único veículo crítico e progressista dedicado exclusivamente ao jornalismo cultural, nas suas mais variadas frentes: livros, filmes, música, artes, teatro etc. Se você chegou até aqui é porque está do nosso lado. Ajude FAROFAFÁ a fortalecer o debate e a cultura brasileira.
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