Uma análise acerca da proteção do software à luz da garantia constitucional do direito de informação, conhecimento, cultura e interatividade

Abstract

The discussion about software protection became present in Brazilian daily life after the increasing adoption of use licenses. Society needed to review how computer programs would be protected, in order to guarantee knowledge for the progress of humanity. More comprehensively, society went through moments of doubt about how software regulation should take place, with divergences between States and, consequently, confusion in international relations, since its development occurs in a reality of intense globalization. Therefore, the discussion on which system would protect this institute at an international level was necessary to determine minimum guidelines. As a result, there was still dissonance between nations in their chosen approaches. The objective of the research is to understand the progress of innovation, analyze sociological developments, and ascertain the relationship between the chosen legislation in light of the author's interests and society's, considering the constitutional guarantee of knowledge. Through a qualitative, bibliographic method, it is possible to conclude that licenses are a viable alternative to reconcile the interests of the programmer and society.