Banca de QUALIFICAÇÃO: IVILLA NUNES GURGEL

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : IVILLA NUNES GURGEL
DATE: 20/12/2021
TIME: 14:00
LOCAL: UFRN - PROGRAMA DE PÓS-GRADUAÇÃO EM DIREITO / Videoconferência
TITLE:

THE CONTROVERSIAL APPLICATION OF THE MARRAKESH TREATY TO FACILITATE ACCESS TO WORKS PUBLISHED FOR BLIND PEOPLE IN BRAZIL: DELAYS, OMISSIONS AND LEGAL OBSTACLES

 

KEY WORDS:

International Law, Intellectual Property; Persons with Disabilities

 

PAGES: 115
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

In 2018, the Marrakesh Treaty to Facilitate Access to Published Works for the Blind, Visually Impaired or Other Difficulties in Accessing the Printed Text was added to the Brazilian legal system, through Decree No. 9522. Conceived in 2013, it is the second treaty to be incorporated into the national legislation as a constitutional amendment, joining the International Convention on the Rights of Persons with Disabilities and its Optional Protocol, signed in New York, on March 30, 2007. The integration of the Marrakesh Treaty into the pantheon of constitutional norms is one of the foundations of its superiority in relation to infra-constitutional laws in Brazil, however, the materialization of this formal hierarchy depends on the political and legal effort to proceed with the modification or extinction of provisions that are in disagreement with the transnational commitment, signed within the scope of the World Intellectual Property Organization (WIPO). From the end of the 1990s until mid-2013, the year in which the Marrakesh Treaty was adopted, it can be said that the Brazilian state was aware of the upheavals that affect the educational path of people with disabilities and acted effectively to improve the circumstances that out of the control of these individuals, but hindering their educational path. However, this usefulness cooled rather than strengthened with the emergence of the Marrakesh Treaty, as it entered into force internationally in 2016, but was ratified by Brazil only in November 2018, more than five years after its genesis , which was operated by the country. In view of this, despite being part of the formal constitutional block, the referred treaty is still in the process of regulation and the details of the materialization of its provisions remain uncertain. Given the uncertainties about the execution of the Marrakesh Treaty and considering the international and, since 2018, constitutional duty assumed by Brazil with the ratification of this document, the question is what are the consequences of the state's delay in regulating and implementing the provisions of the aforementioned instrument in its territory. The present work takes this question as a starting point and, through quantitative, documentary and bibliographical research supported by Brazilian and foreign literature and legislation, it will seek to detect what are the effects, in terms of international responsibility, of the misalignment between international law. and domestic law. It is assumed that the slowness in complying with the provisions of the treaty maintains the inequalities that hinder the education and intellectual training of people with disabilities, characterizing the omissive Brazilian position as a flagrant breach of international law.  

BANKING MEMBERS:
Interno - 3456619 - ANDERSON SOUZA DA SILVA LANZILLO
Interno - 1254860 - FABRICIO GERMANO ALVES
Interno - 1570072 - JAHYR PHILIPPE BICHARA