The protection of the scientific, artistic and literary production of refugees in the light of a Kantian perspective

• Autor(a) principal: Cesário, Kone Prieto Furtunato
• Data de Publicação: 2021
• Outros Autores: Ramires, Lucas, Lagassi, Veronica
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da EMERJ (Online)
• Texto Completo: https://ojs.emerj.com.br/index.php/revistadaemerj/article/view/399
• topic: refugiados; propriedade intelectual; immanuel kant; refugees; intellectual property; immanuel kant

The purpose of this article is to present considerations on the protection of the scientific, artistic and literary production of refugees from a kantian perspective, in view of the right to information and the participation of this group in decision-making processes related to the intellectual property protection regime. To this end, it is part of the debate on the theories of justice in contemporary political philosophy, basing in Kant, among other authors, the adversities faced by refugees in the protection of their creations, considering the peculiarities, singularities and vulnerabilities of this group, in the global context. The data presented were raised through bibliographic research, intertextualizing concepts, works and themes from various literatures, theories and historical contexts, through a dogmatic analysis, especially in the interpretation of rules of domestic and international law - concerning intellectual property - as well as theoretical/philosophical theme, the International Refugee Law - an aspect of International Human Rights Law - and the system of granting and protection to these people who are in a very vulnerable situation. In this context, it is concluded that intellectual property should consider its social function through a collectivist paradigm that contemplates the rights of the author on his work, especially with regard to the creations of refugees, which have among its main objectives the encouragement of innovation and development.