Direito da moda: uma área despertada pela variação sistêmico-econômica do mercado da moda

Abstract

Fashion, like all other areas of human knowledge, is in constant motion and, especially in recent decades, has undergone several variations in its Industries to the point of not being able to solve its problems autonomously. To help resolve these issues and present solutions, strategies and protection for the Fashion market, a new field of action has emerged in Law, a subsystem of Economic Law, Fashion Law, which, despite already being present in legal practice, from different countries around the world, still does not have an academic organization and implementation in Universities. Bearing in mind that the jurist's role can take place both in a preventive, advisory and litigious way, in the most diverse Industries that make up the Fashion Industry and in the different stages of consumption (pre, during and post), there is a significant range of relationships that need coupling with the Law. In order to analyze this new Law, the present thesis has as its central problem the following question: What are the structuring elements of Fashion Law, taking into account the systemic-economic perspectives and what is the best way to prepare the professionals of the future for this branch of legal action? Its general objective is to study Fashion Law as a legal subsystem to regulate and protect all stages of the Fashion Industry, its professionals, consumers and companies. In order to make this study viable, we used mainly the systemic-constructivist method, but also other research techniques such as documental, historiographical, case studies and bibliographical ones. In conclusion to all this analysis and studies, it was recognized, therefore, the urgent need for training, even at the undergraduate level, of professionals who are able to serve this Industry that, being creative and dynamic in essence, presents so many challenges.