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Court of Appeal of São Paulo, Appeal n. 1043717-78.2019.8.26.0002, Rapporteur Judge: José Carlos Costa Netto, decided on April 14, 2021

Copyrights. Plagiarism. Lawsuit on compensation for moral damages. Master's researcher who had her work copied and altered by an educational institution. Crude copy of monography. Anticipated judgment. Unnecessary technical proof. Discovery that is a prerogative of the judge, as his/her conviction is consummated and the proof already produced are sufficient to give a sentence. To configure plagiarism, it is needed to verify: a) the degree of originality of the work supposedly plagiarized; b) the anteriority of the original creation in relation to the work supposedly plagiarist; c) the actual knowledge or a high degree of probability of knowledge; d) the advantages - economical or intellectual or artistical prestige - that the plagiarist would obtain in copying the original work; e) the degree of identity or similarity (with respect to the original creative elements) between the works. Moral damage configured also for offense of personality rights - moral rights of the author. Amount. Criterion of prudence and proportionality. Amount reduced. Sentence partially reformed. Appeals partially upheld.