Author rights from a civil-constitucional perspective

Authors

  • Allan Rocha de Souza
  • Vitor de Azevedo Almeida Junior
  • Wemerton Monteiro Souza

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.

Published

2017-07-12

How to Cite

de Souza, A. R., Junior, V. de A. A., & Souza, W. M. (2017). Author rights from a civil-constitucional perspective. Revista Brasileira De Direito Civil, 8(02). Retrieved from https://rbdcivil.ibdcivil.org.br/rbdc/article/view/62