PROPAGANDA ELEITORAL E A PARÓDIA JURISPRUDENCIAL COM OS DIREITOS DA PERSONALIDADE

Abstract

The present study scrutinizes the terms of art. 47 of the Copyright Law based on guiding principles of personality rights. The reasoning developed is based on an interpretive rereading of the jurisprudence that legitimizes the use of musical melodies by politicians in electoral campaigns regardless of the author's consent. The proposed problem asks whether art. 47 of Law No. 9,610 / 98 suffers from unconstitutionality under the terms of art. 5, XXVII of the Federal Constitution, directly injuring or threatening to injure the rights contained in arts. 11, 12, 17, 18 and 19 of the Civil Code or, if the authorization contained in the aforementioned provision of the copyright law would fit in the cases excepted by art. 20 of the Civil Code. The theoretical, legal and jurisprudential research that is being developed intends to lead the construction of a pragmatic reasoning through a methodology that allowed to verify at the end the existing gap between the special law and the constitutional and ethical precepts on which the principles should be interpreted and applied. personality rights, according to the hypothesis initially suggested.