Nomes de domínio no Brasil: uma análise jurídica.

Abstract

The purpose of this paper is to analyze the issue of domain names in Brazil as its legal nature, the constitutionality of its registration system, and the legal consequences they provoke uproar. The main scope is to analyze the system used in Brazil, and the legal nature of a domain name, according to the legal parental rights. The method of approach was used hypothetical-deductive, since, starting with a problem of possible unconstitutionality of the system registry of domain names, is formulated by the process of deductive inference, hypothesis editing of law in the strict sense in order to tailor the system to the Constitution. How kind of research is documentary and bibliographical, since it was based on the doctrine, scientific articles, case law, and internet sites. The work is justified by the need for a formula of compatibility between the system of domain registration in Brazil and the Constitution, as well as the delimitation of the legal nature of domain names, since the absence of identifiable theoretical elements for solving concrete cases in the latter case, and decisions based on rule unconstitutional in the case of the registration system, create a state of intense legal uncertainty. The problem lies in the questions: What consequences arise from the unconstitutional system of domain registration? What problems can generate a lack of definition by law of the legal nature of a domain name? How to remedy these problems by ensuring legal certainty? As a hypothesis, it has to be both unconstitutional system of domain registration in Brazil and anomie in relation to the legal nature of a domain name cause legal uncertainty. From this research, it was found that for the first, this result occurs because the system is unconstitutional, all decisions arising from it may be declared null and void and, in relation to the legal nature of domain names , anomie allows the magistrate without some legal framework to base, which contributes to a heterogeneous character when decisions concerning the matter. Thus, the hypothesis was confirmed, as a result, there is the need to prepare a law in the strict sense, that fulfills the legal safety and the Constitution, allowing a jurisprudential homogeneity.