(In)efetividade do licenciamento de direitos personalíssimos nos contratos de produções artísticas

• Autor(a) principal: Custodio, Mariana Guilhermina
• Data de Publicação: 2022
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/32030
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Personalidade; Direitos personalíssimos; Contratos; Licenciamento; Autorização; Personality; Personal rights; Contracts; Licensing; Authorisation

The approach of the present paper aims to introduce the concept, classification, historical context and evolution of the protection of very personal rights, whose guiding principle is the dignity of the human person. Such rights are intrinsic to human beings and stem from the mere condition of existence, so they have as main characteristics unavailability, non-transferability and inalienability. However, very personal rights can be the object of contracts, through the licensing institute. Therefore, the contracts are discussed to understand the particularities that these legal businesses, especially in the field of artistic productions, must attend in order to have a correct differentiation and use of licensing and assignment hypotheses. It demonstrates the importance and relevance of the theme due to the object of these contracts and its main purpose and safeguard: the maintenance of the human dignity. The methodology predominantly used in the present paper was the exploratory research, in which familiarization and contact with the subject addressed were obtained through a bibliographical survey and study of articles on the subject. Therefore, starting from the reading and research on very personal rights, as well as on contracts, it was possible to formulate hypotheses that deal with the ineffectiveness of licensing of very personal rights in contracts for artistic productions