Fundamentos constitucionais da propriedade intelecutal

Abstract

The present work seeks to contextualize the origin and practice of intellectual property through the values and constitutional rights from which it draws meaning, through the research of relevant doctrine and jurisprudence. This objective is achieved through a brief overview of intellectual property in Brazil, its main characteristics, linking it to the current constitutional doctrine. A refutation of the natural law notion of the origin of intellectual property is presented, based on an analysis of the protection of intellectual property and how this protection generates practical incentives for intellectual creation, to benefit the development of the country, in accordance with the relevant constitutional provisions. It attests to the eminently fundamental nature of intellectual property rights, in view of the criticisms leveled at constituent elements of this legal field, which are supposed to have an economic bias. Demonstrates examples and ways of resolving conflicts of constitutional principles against the limits imposed by intellectual property rights. The work also demonstrates the relationship between intellectual property and fundamental rights, with a specific approach to social function, health and the environment, demonstrating that intellectual property not only directly impacts these rights, but is also a useful and indispensable tool for the realization of fundamental rights. The work concludes with the need to think about the system of intellectual property norms within the Federal Constitution of 1988, as a way to enforce the rights therein