Open AccessTHE MARRAKESH TREATY RATIFICATION IN BRAZIL: IMMEDIATE EFFECTS
Author(s) -
Allan Rocha de Souza,
Alexandre de Serpa Pinto Fairbanks
Publication year - 2018
Publication title -
panorama of brazilian law
Language(s) - English
Resource type - Journals
ISSN - 2318-1516
DOI - 10.17768/pbl.v4i5-6.34438
Subject(s) - ratification , treaty , legislature , constitution , political science , interpretation (philosophy) , law , politics , law and economics , presentation (obstetrics) , sociology , philosophy , linguistics , medicine , radiology
This paper willpresent the ratification process of the Marrakesh Treaty in Brazil, its place within the legal system and the likely effects on copyright limitations. We structure the paper in two parts. First we show how the Brazilian Constitution governs the reception of human rights international treaties and conventions and expose their effects throughout the system. We follow by the presentation of the Marrakesh Treaty’s ratification process in Brazil, concentrating on the justifications and results of the legislative procedures. Finally, we consider the likely and possible effects on public policy, legal change and the judicial interpretation of the limitations. We choose to use primary official sources to present the questions for analyses. Our method of choice is inductive, since we extensively use legislative records to elaborate on the political processes and legal rationales behind it.