O domínio por organização no direito comparado
The aim of the article is to compare the treatment of authorship mediated by domain by organization in Brazilian dogmatics and jurisprudence with its international equivalents. Therefore, in a first moment it is described how the theory was received in Brazil by the doctrine and the jurisprudence of...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8113052 |
| Source: | Revista de Direito, ISSN 2527-0389, Vol. 13, Nº. 1, 202134 pags. |
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| Summary: |
The aim of the article is to compare the treatment of authorship mediated by domain by organization in Brazilian dogmatics and jurisprudence with its international equivalents. Therefore, in a first moment it is described how the theory was received in Brazil by the doctrine and the jurisprudence of the STF and TRF4, punctuating dogmatic contradictions, mistakes, and omissions. In a second step, the Argentine, German, Spanish, Peruvian and Greek practice is described, observing and highlighting the fundamentals used by each court to accept or reject Roxin’s theory. The purpose is to verify how the experience of other countries can help the application of the theory in national jurisprudence. |
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