Modificações legislativas da proteção da moda e os reflexos no direito constitucional brasileiro

Abstract

The present work has as its scope the analysis of the fashion law and its reflexes in the Brazilian legal system, based on the parameters of constitutional law and its study as a kind of branch regulated autonomously. In order to do so, it was based on the study of the "Fashion law", whose birthplace was the North American law, with the nuances and principles, in an analysis in parallel with the constitutional Brazilian legal system, infraconstitutional (Industrial Property Law, Civil Code, for example) and international documents, in particular the Unionist Convention of Paris. The methodology used was extensive bibliographical, qualitative and documentary research, whose method was deductive, in order to encourage this study and to deepen it in a clear way. Thus, it is observed that there is a possibility of inclusion of the fashion law, through specific regulation under the national law of the country, according to the existing constitutional parameters. To this end, the Civil Code and the Industrial Property Law would be covered as a basis, and could also be based on North American principles as a starting point for the regularization of the subject.