Infraestrutura pública e direitos de autorsoluções para o problema da alteração de projetos de arquitetura e engenharia

Resumo

The Public Administration - or its private partner - can contract architectural and engineering projects to build the most varied works (hospital complexes, airports etc.). Architectural and engineering projects can be permeated by author's moral rights, which seem to allow the designer to ensure the integrity of his creation, opposing any modifications. The work seeks to reveal if it is imperative to obtain authorization from the author of the architectural or engineering project, so that its owner can validly modify the construction. It is intended to observe what care can be taken by the building´s owner to avoid that any changes violate author's rights. The purpose of this work is also to verify if the author of the original project must be directly contracted to design the alteration sought by the Public Administration or if this contract should be celebrated through a bidding process. The work was divided into three chapters. The first chapter comprises a study of the norms that enshrine author´s rights, as well as norms related to the transmission of author´s rights to the Public Administration. Also in the first chapter it is observed if the protection of author´s rights reach only the project or if it involves the respective material support. Still in the first chapter, it is evaluated whether author´s rights protect all architectural and engineering projects, if this category of rights can be expropriated and if the exercise of the right of repudiation prevents the production of moral damages to the author. The second chapter analyzes a series of judgments of interest, selected with methodological criteria and drawn up by the Federal Court of Audit, the Court of Audit of the State of São Paulo, the Superior Court of Justice and the Court of Justice of the State of São Paulo. The methodology used in the research of these trials is presented at the beginning of the second chapter, which ends with a description of the judgments. The third chapter presents preventive suggestions (recommendations for contract modeling) and suggestions designed to ensure the change of architectural and engineering projects. Still in the third chapter is presented a flow chart that can be adopted by the Public Administration so that the modification of projects can be made possible. Finally, the third chapter advocates the possibility of changes to the standard models of engineering contracts.

Ficha do documento

Tipo

Dissertação

Ano

2019

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/28296

Temas

InfraestruturaAdministração PúblicaCompras Públicas

Palavras-chave

Propriedade intelectualDireitos de autorInfraestruturaAdministração públicaContratação públicaProjetos de arquitetura e engenhariaModificaçãoIntellectual propertyAuthor´s rightsInfrastructurePublic administrationPublic contractsArchitecture and engineering projectsModificationDireitoDireitos autorais - Brasil - LegislaçãoObras públicasContratos administrativosArquitetura - Projetos e plantasEngenharia - Projetos