A RUPTURA ARBITRÁRIA DA FILIAÇÃO ADOTIVA

"DESADOÇÃO", "DEVOLUÇÃO", "REABANDONO" E OS RISCOS DE SUA INSTITUCIONALIZAÇÃO

Abstract

This article examines the right of withdrawal of a work from circulation within the scope of copyright law. The research adopts a descriptive and deductive methodology, based on a review of the scholarly literature and the investigation of case law and legislation. It first presents the historical evolution of the institute, from its origins in French doctrine to its reception in Brazil. Next, it discusses the terminology employed and its dogmatic distinctions. The text further analyzes the concept and the limits of the right of withdrawal established in Law 9.610/1998, highlighting the restriction to cases involving harm to the author’s reputation and image, as well as the need for compatibility with personality rights and the Federal Constitution. Finally, it addresses the practical exercise of this right, the requirement of prior compensation, and the problems arising from its abusive use, offering the reader a critical perspective on the legal discipline of withdrawal from circulation and its implications for the protection of the author’s dignity and intellectual freedom.