EXTENSION AND LIMITS OF COPYRIGHTS IN BRAZIL: A SYSTEMIC APPROACH FROM HUMAN RIGHTS

Abstract

The present work lends itself to identify and delimit the extent and limits of copyright in Brazil, based on the analysis of international and national legal regimes that make up the Brazilian normative order, with an emphasis on the protection of human rights. Theoretical reflections on the intersection between copyright and human rights are proposed, based on the premises of the existence and validity of international law and the need for a systemic interpretation of domestic and international legal orders. This approach offers greater coherence in the arduous task of equating rights in contemporary societies, since it leads the interpreter to adopt a macroscopic view of social phenomena. In this sense, the adopted theoretical framework rejects the notion of the separation between the national and the global, since both produce transnational rules to regulate transnational facts, in the increasingly intense context of globalization. The study was carried out using the methodology of review of the specialized bibliography and analysis of legal instruments, such as laws, decrees and international treaties. The results achieved point to the existence of intrinsic limitations to copyright, which emanate from its own legal regime, as well as extrinsic limitations, which are based on other rights protection regimes, such as the right to access information and education.