About Intellectual Property IP Training Respect for IP IP Outreach IP for… IP and... IP in... Patent & Technology Information Trademark Information Industrial Design Information Geographical Indication Information Plant Variety Information (UPOV) IP Laws, Treaties & Judgements IP Resources IP Reports Patent Protection Trademark Protection Industrial Design Protection Geographical Indication Protection Plant Variety Protection (UPOV) IP Dispute Resolution IP Office Business Solutions Paying for IP Services Negotiation & Decision-Making Development Cooperation Innovation Support Public-Private Partnerships AI Tools & Services The Organization Working with WIPO Accountability Patents Trademarks Industrial Designs Geographical Indications Copyright Trade Secrets WIPO Academy Workshops & Seminars IP Enforcement WIPO ALERT Raising Awareness World IP Day WIPO Magazine Case Studies & Success Stories IP News WIPO Awards Business Universities Indigenous Peoples Judiciaries Genetic Resources, Traditional Knowledge and Traditional Cultural Expressions Economics Finance Intangible Assets Gender Equality Global Health Climate Change Competition Policy Sustainable Development Goals Frontier Technologies Mobile Applications Sports Tourism PATENTSCOPE Patent Analytics International Patent Classification ARDI – Research for Innovation ASPI – Specialized Patent Information Global Brand Database Madrid Monitor Article 6ter Express Database Nice Classification Vienna Classification Global Design Database International Designs Bulletin Hague Express Database Locarno Classification Lisbon Express Database Global Brand Database for GIs PLUTO Plant Variety Database GENIE Database WIPO-Administered Treaties WIPO Lex - IP Laws, Treaties & Judgments WIPO Standards IP Statistics WIPO Pearl (Terminology) WIPO Publications Country IP Profiles WIPO Knowledge Center WIPO Technology Trends Global Innovation Index World Intellectual Property Report PCT – The International Patent System ePCT Budapest – The International Microorganism Deposit System Madrid – The International Trademark System eMadrid Article 6ter (armorial bearings, flags, state emblems) Hague – The International Design System eHague Lisbon – The International System of Appellations of Origin and Geographical Indications eLisbon UPOV PRISMA UPOV e-PVP Administration UPOV e-PVP DUS Exchange Mediation Arbitration Expert Determination Domain Name Disputes Centralized Access to Search and Examination (CASE) Digital Access Service (DAS) WIPO Pay Current Account at WIPO WIPO Assemblies Standing Committees Calendar of Meetings WIPO Webcast WIPO Official Documents Development Agenda Technical Assistance IP Training Institutions COVID-19 Support National IP Strategies Policy & Legislative Advice Cooperation Hub Technology and Innovation Support Centers (TISC) Technology Transfer Inventor Assistance Program WIPO GREEN WIPO's Pat-INFORMED Accessible Books Consortium WIPO for Creators WIPO Translate Speech-to-Text Classification Assistant Member States Observers Director General Activities by Unit External Offices Job Vacancies Procurement Results & Budget Financial Reporting Oversight
Arabic English Spanish French Russian Chinese
Laws Treaties Judgments Browse By Jurisdiction

Brazil

BR004-j

Back

Superior Court of Justice, Special Appeal n. 1947652, Rapporteur Judge: Moura Ribeiro, Third Division, decided on March 15, 2022

CIVIL PROCEDURE. APPEAL TO SUPERIOR COURT OF JUSTICE. APPEAL FILED UNDER THE AEGIS OF THE NEW CIVIL PROCEDURE CODE (CPC). SUIT TO DECLARE NULLITY OF LEGAL TRANSACTION WITH INDEMNITY FOR MATERIAL AND MORAL DAMAGES. COPYRIGHT. LAWSUIT TIME LIMIT. NON-OCCURRENCE. LIMITATION PERIOD FOR CLAIMS ARISING FROM CONTRACTUAL CIVIL LIABILITY. INAPPLICABILITY OF ART. 206, § 3, V, OF CC/2002. SUBSUMPTION TO THE GENERAL RULE OF ART. 205 OF CC/2002. DECADE TERM. APPEAL NOT GRANTED.

1. Applicability of the NCPC in this judgment in accordance with Administrative Statement No. 3 approved by the STJ Plenary Session of 9/3/2016: Appeals filed on the basis of the CPC/2015 (relating to decisions published as of March 18, 2016) will be required to meet the requirements for appellate admissibility as to the new CPC.

2. The controversy centers on whether the statute of limitations applies to claims brought in court regarding the right to claim authorship of a musical work and the indemnity and compensation claims arising from the contractual relationship entered into by the parties.

3. Personality rights are innate, absolute, imprescriptible, supported by the Universal Declaration of Human Rights, the Brazilian Constitution and the Copyrights Act, 9.610/98 (art. 27). As the author's moral rights are inherent to personality rights, they are not exhausted by non-use or the passage of time, and the author is authorized, at any time, to seek specific enforcement of the obligations to do or not to do arising from the rights listed in art. 24 of Act n. 9,610/98.

4. The legislation governing the matter, therefore, rules out the expiry of the statute of limitations on the claim to authorship of the musical work, which is why the general rules of the Civil Code do not apply in this case (art. 178, II, of the CC/2002).

5. The pecuniary retribution for an offense against the author's property rights is subject to the ten-year period, inserted in the context of the contractual relationship between the parties.

6. Appeal not granted.