A constitucionalização do direito autoral e o recurso aos elementos de interpretação na formulação de discursos jurídicos concretizadores do direito fundamental à educação
Copyright has been the subject of numerous legal changes over the years. Initially, the patrimonialist aspects prevailed and, based on the constitutionalisation of private law, in which copyright was included, the (infra) constitutional norms, carried out under the aegis of the constitutional decree...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2017
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6749115 |
| Source: | PIDCC: Revista em propriedade intelectual direito contêmporaneo, ISSN 2316-8080, Vol. 11, Nº. 1, 2017, pags. 53-75 |
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| Summary: |
Copyright has been the subject of numerous legal changes over the years. Initially, the patrimonialist aspects prevailed and, based on the constitutionalisation of private law, in which copyright was included, the (infra) constitutional norms, carried out under the aegis of the constitutional decree, occurred. However, in some situations it is necessary to have recourse to the Judiciary in order to harmonize the fundamental rights pertinent to the case (copyright and the right to education). It seeks, based on doctrinal and jurisprudential contributions, to envisage the constitutionalisation of copyright and extract the contributions of the methods of interpretation for a better understanding of the juridical norms concretizing fundamental rights, protected in the Constitution of the Federative Republic of Brazil and in other international diplomas . |
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