Direito autoral e propriedade intelectual

a configuração do plágio e suas consequências jurídicas

Abstract

Plagiarism consists of the total or partial usurpation of someone else's work, which the agent passes as his own. It is true that there is no clear definition of what plagiarism is in Brazilian legislation, what exists is the obligation to duly recognize the authorship of those who created the work, in any and all use. The lack of attribution of the due credits is a violation of the moral and patrimonial rights of the authors, subjecting the offender to legal consequences, in the civil, administrative and criminal areas, even if the offender does not expressly indicate that the work is his. Thus, the general objective of this article is to analyze the legal consequences (penalties applied) to those who commit plagiarism. Regarding the methodology used, it is about basic, descriptive, documentary and bibliographic research, especially in the areas of Constitutional, Civil, Business, Criminal and Intellectual Property Law. In the end, it is concluded that in the civil sphere, the conduct in question generates compensation, both in terms of moral and property rights. In the administrative area, the institutions establish appropriate rules of conduct for the conduct of their activities, which gives rise to the application of disciplinary administrative proceedings to those who violate such rules. Finally, in the criminal court, there is a typical figure provided for in article 184 of the penal code and the following paragraphs, which describe criminal conduct related to the violation of copyright, and the offender may be sentenced to imprisonment or a fine depending on what he practices.