Marca e direito da personalidade: uma análise jurídica sobre a exploração comercial dos atributos de Lampião e Maria Bonita

Abstract

The general objective is to examine the perceptions of the Brazilian legal framework regarding the commercial exploitation of the personal attributes of a deceased person, with an emphasis on the major areas of Civil Law and Business Law. For organization, the work is structured into four core chapters: the first focuses on social and behavioral ruptures influenced by neoliberal dogmas, which encourage and sponsor the economic subjugation of human beings, in contradiction to the principles of inalienability and the non-economic nature of existential rights. The second chapter is dedicated to a civil law perspective, built on a traditional doctrinal basis, aiming to expose the main characteristics and guiding principles of human personality protection, as well as the legal possibility of legitimizing patrimonial acts stemming from the will of the holder, followed by an analysis of the possibility of exploitation by third parties. The third chapter addresses the business law perspective, with a focus on the Intellectual Property microsystem, encompassing Copyright and Industrial Property. The final chapter adopts an exploratory approach to the research, mapping trademarks registered with the National Institute of Industrial Property (INPI), referencing Lampião and Maria Bonita, to demonstrate the use of their attributes by third parties. Regarding the methodological approach, basic research was adopted, with a legal-dogmatic orientation and a historical-legal investigation based on bibliographic and documentary sources, complemented by decisions from the Federal Supreme Court and rulings from the Superior Court of Justice, combined with the collection and analysis of trademarks registered using names, images, or accessories related to the Cangaceiros with the INPI.