DA FUNÇÃO SOCIAL DOS DIREITOS AUTORAIS À LUZ DO DIREITO FUNDAMENTAL DE ACESSO À CULTURA

Abstract

This monograph proposes to discuss the realization of the social function of author's rights as an guarantee instrument of the right of access to culture in the Brazilian legal system. It aims to carry out research on the adequacy of author’s rights, in view of the current treatment of intellectual property, aiming to answer the following question: Considering the intensification of the informational flow contemporarily The current legal regime of Copyright imposes an obstacle to the social function of author's rights, restricting the right of access to culture? Through qualitative, theoretical and exploratory research, using the deductive method and historical and comparative procedure, this work refers to the history of the development of copyright, at the same time that it points to the implementation of this concept in the Brazilian legal system through the law 9.610/1998. Then, an analysis of the functions of copyright is performed, from an economic, social and legal point of view, acording to Guilherme Carboni. Finally, the problematization of the substantiation of the social function of the author’s right is carried out in light of the fundamental right of access to culture, demonstrating the existence of a conflict between two constitutional precepts. It is concluded, then, that even though there is an imbalance between public and private interests in the protection of the author’s right, there are alternatives that aim at this compatibility, such as fair use, Copyleft and Creative Commons licenses.