Sucessão anômala ou anomalia sucessória? dimensionamento do papel do estado no panorama da sucessão de direitos autorais sob a perspectiva da função social e do interesse público

Abstract

The purpose of the current research is to be inserted in a line of approach which has been asserting itself in the context of Copyright: the analysis of the State intervention in the exercise of the prerogatives granted by Law to the authors due to the creation of new works of great social importance. The issue of the work, therefore, question how can one delimit and define the State's legal status in the panorama of copyright succession, considering that it is not invoked only in the absence of legitimate and/or testamentary successors - when it verifies the vacancy of the inheritance - , but in an organic way, in charge of balancing the protection of public and private interests in the field of this anomalous succession model in light of the guidelines of Law 9. 610/1998. It is a matter of extracting from an eminently private segment of Law the content of public interest. It is affirmed that the Copyright Law comprises the legal branch destined to the protection of the paternity and the exclusivity of the author and artist, the latter being the natural person capable of creating original and unedited literary, artistic and kinetic works. Going deeper into the theme, one comes across its dual essentiality, from its nature, which explores the aspects of personality rights, and patrimonial rights, which leads to peculiarities in the succession. This research proposal, using the hypothetical-deductive method, through doctrinal and legislative analysis, aims to identify the configuration and, therefore, the function of the State in the Anomalous Succession of Copyrights after the death of the original author, in a way that to accurately assess the limits that permeate the apparent contradiction between individual and collective interests, considering as a point of tension the presence of the State as a legitimate heir in view of the need for protection and management of works included in the Public Authorial Domain, based on the constitutional concept of right to culture and social function of private property.