Direito fundamental à liberdade de expressão artística: direitos autorais e a questão do poder de polícia do ECAD

• Autor(a) principal: Pereira, Ricardo Wagner
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5947
• topic: Direitos autorais; ECAD; Fiscalização; Poder de polícia

ABSTRACT With the publication of Law no. 5,988 on December 14, 1973, the copyright was regulated, and the Central Office of Collection and Distribution - ECAD, a non-profit private civil society formed by authors who are their agents to exercise and defend their rights. This study has as general objective to verify the limitations of the ECAD, in front of Law nº 9,610 of 1998, that altered, updated and consolidated the legislation on copyright, in its action in the fiscalization and collection of copyright, in the use of administrative police power. The research is structured in three developmental chapters, the first one to address fundamental rights and freedom of artistic and intellectual expression, the second the copyright and the third the central office of collection and distribution (ECAD) and its power of police. Regarding the methodology, it is a qualitative research, carried out by means of a method of deductive thinking approach. The procedure method is monographic, performed by means of bibliographical technique. It is concluded that ECAD is a private institution and, the legitimacy of its action is not ad unlimited cause. Therefore, in this capacity, in addition to not enjoying public faith, their inspectors do not have police power. Keywords: Copyright. ECAD. Inspection. Police power.