SILVA, R. M. C. F.; http://lattes.cnpq.br/4390350629756146; SILVA, Rayra Martins Costa Ferreira.
Resumo:
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.