Os limites constitucionais ao exercício de direito de patente e seus reflexos na indústria do petróleo, gás natural e biocombustíveis

This dissertation deals with the constitutional limits on the exercise of patent rights and its effects on the oil, natural gas and biofuels. Held with the support of ANP / PETROBRAS, It seeks to show how the law will limit the exercise of industrial property, based on a reinterpretation of private law by the constitutional development perspective . Today it is a fact that Petrobras, a Brazilian joint venture, has the latest technology in various sectors of the oil industry, and is one of the highest investments in developing new technologies. The overall objective of this thesis is to establish the relationship between the public interest of the Petroleum Industry, Natural Gas and Biofuels and constitutional limits to the free exercise of patent rights, then confirm or refute our hypothesis that Article 71 on Industrial Property Law is contrary to the existing objectives in Article 3 of the Constitution of the Federative Republic of Brazil. The research aims to examine the relevant aspects of the legal nature attributed to IPGN constitutionally confronting the constitutional limits on the free exercise of patent rights, with the purpose to outline the state of the performance limits in the regulation of the economy, in particular the application of feasibility limitations on the right of property in favor of national interest on the strategic energy industry. The aim is to confront the fundamental rights to property and economic development, against the public interest, limiting these first. As to the objectives, the research will be theoretical and descriptive and harvest of industrial property, respect the possible impact of regulatory standards and limiting the right of ownership in the oil industry. To establish how the state will mitigate the intellectual property right, we discuss, at first, a definition of public interest from the general theory of state and sovereign character in order to establish a new concept of national interest and popular interest, which will in turn the definition of our concept of public interest. In the second phase, will be addressed the issue of industrial property rights and how to will be free exercise thereof, in the constitutional sphere, infra, and demonstrating the use of industrial property rights with examples of market and IPGN . After situating the industrial property rights in the constitution and national legislation, establish their relationship with the national and regional development, will be addressed in this chapter in particular the patent law, as most usual form of intellectual property protection in IPGN. Used a study highlighting the number of patents in the area of the analyzed industry, demonstrating with hard data the importance of a sector for industrial development. The relationship between the social function of intellectual property and the constitutional objective of development was characterized to demonstrate the strategic nature of oil to Brazil in the national and international scene, and put into question the hypothesis of the research which provides that even with large investments the lack of legal certainty in the sector turns out not to have a considerable volume of investment as it could.

A releitura de um documento: o processo de tombamento do centro histórico de Natal (RN)

During over seven decades of institutionalizing the national heritage protection legal instrument it can be noticed the many ways of the instrument application, according to the approaches that were assigned to the spaces with heritage values and the dynamic of the elaborated thoughts within this theme. For the application of the instrument effectively, there is a long process that is carried out. This process begins with the study elaboration that aims to subsidize and justify the motivation of property protection, as well as the proposal of buffer zones and national protection areas delimitations, completing the process with the denial of the request or with the publication of the definitive national protection area at the Official Gazette. Starting with the relation between the existing heritage values identification into the historical centres and the definition of its protection areas that the area management will be done, based as well into the management intervention norms established for the protection area perimeter. From this context, the present essay has as porpoise to discuss the approach used for the identification and selection of a historical centre liable for national protection and the repercussion of this identification into the national protection area the was established, using a case study of the national protection of the historical centre of the city of Natal. Starting from the assumption that there are inconsistences and distortions about the text speech of the written document and the spatial delimitation of this document, motivated by an area that privileges the edifications rather than the urban space. Beginning with the urban history methodology, we are based on the precepts of Rossi (2011), Lamas (2010) and Cullen (2009) for that space reading, along with what Sant’Anna (2004) defines as “city-document” to make a new reading of this “heritage value space” verifying if the proposed protection area reflects what is defined as motivation for the national protection area process during the recognizing process. Therefore, it is concluded that it is essential that the buffer zones and the national protection areas are aligned with the text presented at the national protection area instruction, so the norms and criteria definition management process are established. We highlight that a site management and the identified values protection become very difficult without a specific law that beacon the decisions that should be taken.