Análise genealógica do monopólio do direito de exploração da obra intelectual

Abstract

History, for historical-political discourse, is not a superficial fact ordered by some fundamental and stable principles, but the rediscovery of the forgotten past of real struggles, of effective victories and defeats, showing the dissymmetry of forces present under the stability of law, law and truth. Foucault revisits this historical-political discourse in the construction of the genealogical method, which proposes to liberate these subjected knowledges in a struggle against unitary theoretical discourses, defending that law should not be understood as the consecration of a natural right or an evolution. Following Foucault's genealogical perspective, the research aims to analyze the battles fought around the monopoly of the right to exploit creative works. The specific objectives are: to investigate the creation of the intellectual property institute internationally; to analyze the creation and development of Brazilian copyright legislation; and to investigate the recent legal-doctrinal discussions around the monopoly of the right to exploit intellectual works. Using as methodology the bibliographic analysis of a heterogeneous set of sources from the last 500 years. As final considerations it is noted that there is the maintenance of a system of exploitation of criative works based on monopoly and the protection of the publishing business.