Eficácia Contida: transmissíveis a seus herdeiros

Por
Vinícius Silva
-
564
3270

QUESTÃO ERRADA: Considere a seguinte situação hipotética. Gutemberg é um escritor de sucesso, com grande vendagem de livros, e seus direitos sobre suas obras são transmissíveis a seus herdeiros por tempo indeterminado, exceto se a lei limitar esse prazo. Nessa situação, trata-se de uma norma constitucional plena.

CF:

XXVII – aos autores pertence o direito exclusivo de utilização, publicação ou reprodução de suas obras, transmissível aos herdeiros pelo tempo que a lei fixar;

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A norma em tela tem eficácia contida, e não plena, uma vez que em que pese já tenha exercício, independentemente de regulamentação, pode ser restringida por lei.

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Artigo anteriorEficácia Contida: prisão civil por dívida
Próximo artigoDefinição de Norma Programática (com exemplos)
Vinícius Silva

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