Repercussão geral e a constitucionalização da propriedade intelectual

Abstract

This dissertation addresses the general repercussion as a mechanism for the constitutionalization of intellectual property in Brazil. With the advent of the general repercussion system in the analysis of extraordinary appeals by the Supreme Federal Court (STF), the Brazilian legal system underwent a series of changes, particularly with regard to the incidental control of constitutionality. The study explores the normative and conceptual evolution of general repercussion, as well as its impact on the STF’s jurisprudence, with a special focus on issues related to intellectual property. The research examines the hermeneutical legal phenomenon of the constitutionalization of intellectual property to conceive new formal and material parameters for the intellectual property protection system. A case study is conducted based on the analysis of General Repercussion Theme 1,205, related to trademark protection. Through this study, it seeks to verify whether the general repercussion can be considered a mechanism for the constitutionalization of intellectual property, considering the growing relevance of the topic in the context of the globalized economy and the information society, with its transformative speed.