Caio Loures, do Conselho de Comunicação Social do Senado, que promoveu adendos de entidades patronais ao texto da Lei do Streaming (Foto de Ton Molina/Agência Senado)

Uma reunião na tarde desta segunda-feira, 3, no Senado Federal, incorporou ao texto final do Projeto de Lei 2.331/2022 (a chamada Lei do Streaming) diversas sugestões de entidades patronais do setor de comunicações, como a Associação Brasileira de Emissoras de Rádio e Televisão (Abert) e a Associação Nacional de Jornais (ANJ). Quem informou esses adendos foi Caio Loures, integrante do Conselho de Comunicação Social (CCS) do Senado. A Lei do Streaming, em vias de ir a plenário no Senado, vai regulamentar e tributar as plataformas de streaming de filmes e séries, as chamadas plataformas de Vídeo Sob Demanda (VoD, Video on Demand, no inglês).

Segundo o conselheiro informou, agora o CCS está pronto para votação no plenário do Senado. A comissão confirmou que a alíquota plena que será cobrada das plataformas de streaming será de 3%, seguindo o projeto original do Senado – o substitutivo da Câmara dos Deputados tinha proposto 4%, enquanto o setor audiovisual independente pedia 12% (e o governo fechava com 6%). A comissão não deixou claro se vai manter o mecanismo de renúncia fiscal para produções das plataformas estrangeiras, um ponto que é fortemente questionado pelos ativistas do audiovisual brasileiro.

Segundo informou a Agência Senado, em sua reunião desta segunda, informada solitariamente pelo FAROFAFÁ, o conselho sugeriu a isenção de tributo (Condecine) para empresas com faturamento de até R$ 4,8 milhões por ano. Empresas acima disso e até R$ 96 milhões anuais poderão ter uma alíquota de 1,5%. A partir de R$ 96 milhões, incidirão os tais 3%. O Conselho de Comunicação Social também teria pedido salvaguardas ao mercado nacional para empresas de pequeno e médio porte do setor audiovisual.

Nem a Associação Brasileira de Emissoras de Rádio e Televisão (Abert) e nem a Associação Nacional de Jornais (ANJ) têm a menor intimidade com a problemática do setor audiovisual. Nenhum sindicato ou associação das produtoras independente ou dos trabalhadores do setor (técnicos, atores, atrizes, diretores e diretoras) foi convidado a participar do debate do Senado, o que levanta temores sobre a qualidade e autonomia do texto a ser votado, sujeito aos lobbies mais poderosos de interessados no tema. Segundo a nota da Agência Senado, as recomendações serão enviadas agora ao presidente do Senado, Davi Alcolumbre, e ao relator do projeto de lei, senador Eduardo Gomes (PL-TO). Não há ninguém do governo acompanhando a tramitação do tema, um dos mais importantes da atual realidade tecnológica do mundo e do País. O presidente do Senado, Alcolumbre, está empenhado em manobrar o cenário eleitoral e jurídico com seguidas pautas-bomba (medidas sem base em estudos que representam propostas de alto impacto fiscal, para gerar forte tensão entre o Congresso e o governo). A configuração retrógrada do texto só terá agora uma chance de promover avanços: na possibilidade de vetos do presidente da República, Luiz Inácio Lula da Silva, quando sancionar a lei.

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