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She developed a comparative study, of socio-political character, between the censorship practiced in Brazil and the one practiced in Portugal, especially by the Antonio de Oliveira Salazar regime, from to , thus almost coinciding with the Miroel Silveira Archive temporality. But, in relation to this article interests, it is important the fact that the research shows similarity of censorship methods and conducting principles.

These findings encounter several explanatory factors. We have to consider, for instance, the Portuguese cultural influence, due to the colonization and the continuity of Portuguese artists ARTIGOS 17 and theatre companies in Brazilian scenario. But this similarity was observed in other totalitarian regimes in the same period. With this fact pointed out by Dr. Costa, we are conducted to rethink the censorship processes as an occurrence of common nature, according to their shared time. In this circumstance, and true to the cultural studies tradition, we must consider the circulating discourses that have crossed several cultures in order to make them converge in matters like censorship.

Such convergence may be understood at the levels of origin and influence, as it was the case of Brazil and Portugal in the past, but it also may be interpreted, in the present days, as a common ground built with the communication as it stands: without frontiers, instantaneous, a network of information putting in circulation the discourses that form common cultural ideals. In a global village, every idea is disseminated, shared and processed as if a common patrimony. We must also read between the lines, that is, listen to these discourses from the point of view long ago explored in Oswald Ducrot works, that is, considering the presuppositions in its base, the allusion and sub-understanding implications that knit a common ground.

In this perspective, we should begin our investigations by evaluating the kind of restriction A Serbian Film received before and after arriving in Brazil. About the first ones there is no secret: they already triggered curiosity enough to motivate transnational film downloads in the internet, fact that counts, at least, as proof of the circulation and participation of discourse with the new media. Reception and processes of A Serbian Film in Brazil A Serbian Film, after marking its presence in international film festivals, suffered restrictions to its exhibitions in several countries before arriving in Brazil.

It was forbidden in Norway and Spain; in England it was subjected to 49 cuts in order to be released, and it also faced restrictions in Germany and in its own homeland, Serbia. Other factors entered this polemic situation. Still in July 28, the process of media rating was arrested until August 5 when the Ministry of Justice classified it as inadequate to viewers under 18 years old.

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The Ministry recommended a follow up civil inquire, declaring itself incompetent to judge a possible crime from a work of art, and proclaimed itself as lacking power to prohibit the film without a previous and meticulous examination. The locus for these exchanges of arguments was mainly the internet, within sites that created special pages to collect signatures in support of their causes, like CBC did3.

Nevertheless, until the present moment the film exhibition remains forbidden4, and its prohibition was accompanied, as it is a common procedure in our era, by a great number of illegal downloads in the internet. In relation to the reasons for its prohibition, if we keep in mind the fact that the film was never viewed by all the actors in this controversial instance, we may understand, easily, to which extent goes the crossing of discourses nowadays. Most of the reasons for its prohibition are based in arguments previously built in other countries or cultures.

They crossed oceans and expanded themselves reverberating with the social network. Aside from becoming a strong motivation, they showed a common ground that different cultures partake, at least in relation to social and moral standards. Of course, this means partaking, also, the same, or similar, provisions in the exercise of censorship.

The claim raised by several instances that demanded its prohibition centered its arguments in the preservation of the moral and good habits and, generally speaking, accuses the film of conveying an apology to violence, to incest, to promiscuous sex etc. Above all, the film is considered abusive in relation to the Brazilian Child and Adolescent Statute ECA that recommends the respect and preservation of children image. Considering that the movie shows the sexual abuse of a newborn, it should be prohibited in order to respect the images of all children — even though it is quite clear that a real baby was not shown in that particularly offensive scene.

I believe that the decision of the Administration the Ministry of Justice to rate and release the film, even though it determined a days notice so that an adequate evaluation could be done to determine the possible occurrence of a crime [in the movie], subverts the natural order and reasonable logic. As stated before, the Constitution of determines that no limits should be imposed on artistic expression, and this Charter came after a long period of military dictatorship in Brazil, as mentioned previously.

In order to maintain its legitimacy in a democratic environment, this ruling has to explicitly state that it is not censoring a movie — even though it is forbidding its public exhibition. The first one demands an observation on why these decisions try to differentiate themselves from censorship —which can be answered by the fact that the new Rule of Law that was stated after the Constitution of constantly wishes to keep the dictatorial rulings in an overcome Brazilian past. In this sense, the society can see itself as democratic and open, even when the same censorship mechanisms are set in motion.

The second approach leads us to think of how an artistic expression impact can be measured in order to determine its potential threat: this is a way more complicated matter that needs to be addressed considering the approach of the Cultural Studies and the Reception Theory Hall, , and will be discussed in the following section. The last issue in stake deals with the problematic differentiation of images and representations. Addressing the feminist critique of film pornography — that it would require, due to its own production, the sexual violation of women, even when actresses are participating in their free will or visual effects are used to simulate the violence, because it would represent the degradation and submission of all women as objects — J.

Are these real representations — real violence, with real impact — and, therefore, should they really be censored? Considering this, an image that represents a newborn baby being raped can affect the social image of all children? To take this question back in consideration, it is necessary to evaluate the social reception and impact of these scenes — and to do so it is wise to consider, first, how the legal system of Media Rating justifies the need for their control practices.

Ratings beyond control: supervisions and restrictions In order to properly evaluate this trajectory, we should examine, however briefly, the instances involved in the process: the Media Rating and the Child and Adolescent Statute principles. In relation to Media Rating, we shall refer to its orientation, explicit in its chapter 3, toward what is considered adequate or inadequate to audiences of 12, 14, 16 or 18 years old children and adolescents. Such orientation, justified by several psychological and pedagogical arguments, is directed to a set of themes: The Indicative Classification is based in the analyses of two major theme groups — Violence and Sex —, besides the sub-theme Drugs.

This means that the professionals that analyze the audiovisual products turn their attention to contents potentially inadequate to children and adolescents based on these three themes New Media Rating Manual, 9. However, its methods may be based on scientific research, but this data is not explicitly discussed when it is necessary to argue about what is adequate or inadequate for audiences of specific ages.

The logic implied in this Manual sets its roots mainly in other legal decrees, laws and the Constitution, which may not be a surprise when one considers that the Rating is part of the Ministry of Justice — and not the Ministry of Culture or Education, for instance. Nevertheless, it has five pages Id. In an attempt to self-differentiate this rating from previous censorship practices that controlled Brazilian cultural life from the s to the s, this Manual tries to depict the rating system as a democratic process: it is transparent, considering that all its norms and decisions are open to public access; it is also open for the public to take part, criticizing or questioning the decisions; it is objective, since its practices use a guideline of regulations and specific criteria explicitly exposed in its Manual and Guide ; and it is also limited, because it can only rate and inform inadequate contents, but cannot forbid or cut them New Media Rating Manual, Besides its legal grounds, the scientific evidences that are used to support the control of allegedly inadequate contents are only mentioned in the New Manual The same does not occur with children who saw violent shows in which there was no negative consequence to aggressors or, on the contrary, the aggressors were rewarded.

It is even impossible to evaluate the proper use of this data since its source, the conditions of the study, its methods and results are not disclosed — not to mention the disregarded context in which these children may live. Proper cultural studies need to consider the social and cultural contexts of different publics and their relation to what is publicly expressed — exactly what is put aside when studies and their contexts are not properly mentioned in the Manual.

It is important, however, to evaluate why the Manual and the Practical Guide only quote laws — and are based explicitly only on laws and decrees —, ignoring researches on reception and effects on the audiences. They might do it because it is considered that the legislation is enough, by itself, to legitimate this censorship apparatus. Following this concept, it seems unnecessary to verify the impacts of inadequate expressions in the public and their effects on the image of everything that is symbolically represented in them. Besides, the law reflects social practices and represents the will or consent of its people, since it is discussed by their representatives.

On the other hand, appropriated reception studies properly quoted, with their figures discussed and necessarily based on Brazilian specific reality may point more precisely to effects that derive from supposed inadequacy of some polemic expression forms — such as the ones depicted in A Serbian Film.

Without proper experiments — and without properly quoting their results — it is impossible to democratically debate these decisions. These decisions can only be followed when based on their juridical and moral principles, but cannot be discussed or debated, since their evidences are also hidden or silenced. This censorship imposes a silence not only to censored expressions; it incapacitates its blind followers, unable to discuss other arguments based on issues different from the juridical and moral approach.

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Considering this, it is impossible to evaluate the impact of offensive images shown in A Serbian Film — but it also seems unnecessary, since the legal apparatus already justifies its need to censorship on their own rules, regardless of proper impact research analysis. This study does not wish to criticize the legitimate right of a parent to choose which moral systems their children may have contact with in an early age — especially in circumstances in which these polemic expressions may hurt or question belief systems.

But, following this same argument, and considering that it is still difficult to assert the impact of these polemic images on conscious adult citizens and their representations of these same topics that may be threatened by contradictive expressions, no one can properly impose their own moral system upon others. This line of argumentation leaves no choice but the tolerance and defense of free speech.

As Petley ibid. Instead of tutoring the public opinion, the State might only reserve itself the power to describe and categorize, informing what is considered to be inadequate for the public to choose. But that, as well, may represent a hidden trapdoor for the return of censorship, as we have suggested. It also falls in the moral censorship category the prohibition of bad words, sex as eroticism and exposure etc Gomes et al. The moral considered in those censorship arguments were related primarily to the sex scene, a sex always to be alluded to but never to be explicit or presented in a depreciating form.

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Above all, to be rightful referred, sex had to be considered within legal marriage. Everything had to be presented according to society ideals in order to elevate the moral standards, fact that carries the presupposition that cultural production had to carry an educative content in the sense of a humanist progression, or that it always carries — for bad or for good — an educative content.

With this procedure, society attempts to censor inadequate images in order to protect its own foundations, such as good practices and proper moral conduct. This action entrails the presupposition that the cornerstones of Family, Religion and Nation are so fragile that may crumble in contact with contagious bad examples from books, plays, TV shows, news, music or films that represent other ways of thinking and acting.

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In order to do so, censors have developed a method to systematically control something as variable as art and communicative expressions through a classification system. Considering this, forbidden movies like A Serbian Film share a similar voyeurism with its censors: both are looking for the inadequate, showing through the eye of the camera or identifying and controlling, in the case of the censor obscene gestures, decapitations and vital fluids contaminated with drugs, lust or anger.

What the censors and the society they represent want is to cut off and restrain, to protect from the symbolical aggression represented in this movies and which they so meticulously categorized in order to control all this expressions that seem out of order. All the extreme actions that this forbidden moviemakers want to show to the audience are carefully classified and weighted by the censors, which take seriously in account all the offensive images of revealed bodies sexually aroused, stimulated by drugs or violently subdued.

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