Sociedade da informação: do cumprimento da função social da propriedade intelectual às alternativas modernas para a tutela dos direitos autorais.

Abstract

The research has the scope to examine the Copyright and how its guardianship in the legal sphere happens, addressing to subjects that cover the digital law. From the research study is possible to evince some criticisms to the legal system that exists in our country, since it does not guard the current social development, allowing interpretative gaps about the immaterial protection to be left on it. It became indispensable to mark the concepts of intellectual property, and its ramifications, as well as its legal conception. The work shows the Brazilian legal system confronts it with the social function of the intellectual property. This work’s goal it’s to show the treatment inputted by the national legal system to the protection of the Copyrights in face of the Internet, bringing to the users’ knowledge some devices that the Copyright Law brings, as well as the way which will be made the diligences that protect the Copyrights when violated by others. With regard to the methodological treatment, was applied the methodology of bibliographical research in doctrinaire literature about the topic, besides the study of what says the Constitution of the Federative Republic of Brazil of 1988, specially the fundamental rights and guarantees in it described which covers the human being fundamental freedom that is its inherent right to create and to protect its creation. Furthermore, were also evaluated the legislative texts of the Laws nº. 9.610/98 (Copyrights’ Law) and nº. 9.609/98 (Software’s Law), sibling laws and that manage the physical and virtual creation in Brazil. Lastly, it’s necessary that our legal system fits into what our society has been experiencing and with the information’s technology more and more ingrained in our social life, the sharing of information punishes against the legislative fragility that is the protection to the copyrights, demanding protections that act in a more straightforward way, without leaving aside the fulfillment of its social function, as a component of intellectual property.