THE MARRAKESH TREATY RATIFICATION IN BRAZIL: IMMEDIATE EFFECTS

Authors

  • Allan Rocha de Souza Universidade Federal do Rio de Janeiro Universidade Federal Rural do Rio de Janeiro
  • Alexandre de Serpa Pinto Fairbanks Universidade Federal Rural do Rio de Janeiro

DOI:

https://doi.org/10.17768/pbl.y4.n5-6.p328-346

Abstract

This paper willpresent the ratification process of the Marrakesh Treaty in Brazil, its place within the legal system and the likely effects on copyright limitations. We structure the paper in two parts. First we show how the Brazilian Constitution governs the reception of human rights international treaties and conventions and expose their effects throughout the system. We follow by the presentation of the Marrakesh Treaty’s ratification process in Brazil, concentrating on the justifications and results of the legislative procedures. Finally, we consider the likely and possible effects on public policy, legal change and the judicial interpretation of the limitations. We choose to use primary official sources to present the questions for analyses. Our method of choice is inductive, since we extensively use legislative records to elaborate on the political processes and legal rationales behind it.

Author Biographies

Allan Rocha de Souza, Universidade Federal do Rio de Janeiro Universidade Federal Rural do Rio de Janeiro

Professor and Researcher on Copyright and Cultural Policy at Rio de Janeiro Federal University (UFRJ) and on Civil law and Intellectual Property at UFRRJ/ITR Law School . Researcher of the Proprietas Institute for Science and Technology.Author of the books “The Social Function of Copyright” and “Cultural Rights in Brazil”. CV Lattes: http://lattes.cnpq.br/5178459691896082 e-mail: allanrsouza@gmail.com.

Alexandre de Serpa Pinto Fairbanks, Universidade Federal Rural do Rio de Janeiro

Law School Student and Junior Researcher on Fundamental Rights and Private Relations at UFRRJ/ITR Law School.CV Lattes:http://lattes.cnpq.br/8954789495709084 e-mail: alexandre_spf@hotmail.com

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Published

2017-05-31

How to Cite

Souza, A. R. de, & Fairbanks, A. de S. P. (2017). THE MARRAKESH TREATY RATIFICATION IN BRAZIL: IMMEDIATE EFFECTS. PANORAMA OF BRAZILIAN LAW, 4(5-6), 328–346. https://doi.org/10.17768/pbl.y4.n5-6.p328-346

Issue

Vol. 4 No. 5-6 (2016): PANORAMA OF BRAZILIAN LAW

Section

Articles

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