البرازيل

CIVIL PROCEDURE. APPEAL TO SUPERIOR COURT OF JUSTICE. APPEAL FILED UNDER THE AEGIS OF THE NEW CIVIL PROCEDURE CODE (CPC). SUIT TO DECLARE NULLITY OF LEGAL TRANSACTION WITH INDEMNITY FOR MATERIAL AND MORAL DAMAGES. COPYRIGHT. LAWSUIT TIME LIMIT. NON-OCCURRENCE. LIMITATION PERIOD FOR CLAIMS ARISING FROM CONTRACTUAL CIVIL LIABILITY. INAPPLICABILITY OF ART. 206, § 3, V, OF CC/2002. SUBSUMPTION TO THE GENERAL RULE OF ART. 205 OF CC/2002. DECADE TERM. APPEAL NOT GRANTED.

1. Applicability of the NCPC in this judgment in accordance with Administrative Statement No. 3 approved by the STJ Plenary Session of 9/3/2016: Appeals filed on the basis of the CPC/2015 (relating to decisions published as of March 18, 2016) will be required to meet the requirements for appellate admissibility as to the new CPC.

2. The controversy centers on whether the statute of limitations applies to claims brought in court regarding the right to claim authorship of a musical work and the indemnity and compensation claims arising from the contractual relationship entered into by the parties.

3. Personality rights are innate, absolute, imprescriptible, supported by the Universal Declaration of Human Rights, the Brazilian Constitution and the Copyrights Act, 9.610/98 (art. 27). As the author's moral rights are inherent to personality rights, they are not exhausted by non-use or the passage of time, and the author is authorized, at any time, to seek specific enforcement of the obligations to do or not to do arising from the rights listed in art. 24 of Act n. 9,610/98.

4. The legislation governing the matter, therefore, rules out the expiry of the statute of limitations on the claim to authorship of the musical work, which is why the general rules of the Civil Code do not apply in this case (art. 178, II, of the CC/2002).

5. The pecuniary retribution for an offense against the author's property rights is subject to the ten-year period, inserted in the context of the contractual relationship between the parties.

6. Appeal not granted.