A (in)eficácia legislativa dos direitos de autor com a ascensão da era digital.

Abstract

The study aims to investigate the effectiveness of the current legislation pertaining to copyright and those related to it, based on concepts, theses and historical points essential for the understanding and better analysis of the current legal provision. In turn, the research aims to ascertain whether the purpose of the referred law is being fulfilled, whereas, the replication of content has changed its format in the latest decades, due to a major technological advance, which is why it is necessary to propose the analysis and possible legal revision, in order to maintain the security of morals and patrimonial defense to the author of intellectual matters. The method applied to research was the deductive, having as a form of historical and comparative procedures, consultations to the doctrine, jurisprudence and legislation. The research problem concerns the possible gaps and legislative omissions created over time by technological and social advancement, reaching the conclusion that the best way for adaptation is the review of the legislation, in order to list the best ways for the execution and assurance of rights and obligations imposed by it.