Author rights from a civil-constitucional perspective
Keywords:
Fundamental rights, author rights, social function.Abstract
The main purpose of this paper is to punctuate the changes in the application of the federal legislation by the Judiciary regarding the horizontal effectiveness of the fundamental rights. The study focuses on copyright, particularly in regards to the applicable limitations and exceptions, and is developed from selected representative and paradigmatic decisions that delineate the reception by the Superior Courts of the proposed advances and conceptual elaborations from legal doctrine with regard to the direct application of constitutional norms and values to private relations. It is observed at the end, from the analysis, a gradual but consistent progress in the understanding and acceptance by the Courts of the new role played by the Constitution and Fundamental Rights in the regulation of private relations.





