El derecho de paternidad y su relación con la conducta de plagio en Colombia

Abstract

This study is classified into qualitative-descriptive research applying the hermeneutical method in order to interpreting the legal primary and secondary sources by exegetical approach. Thus, this study seeks to evidence the achievement of the protection of the author's moral rights in the Constitutional, as well as in the international and national regulations, focusing on the right of paternity regarding the authors' works by reviewing the fields that are involved in the regula-tion of these violations at the criminal law level. Therefore, the decisions adopted by the High Courts on copyright moral rights are reviewed, especially, the interpretation of the criminal type established by Article 270 of Law 599 of 2000 by the Criminal Cassation Tribunal of the National Court of Justice through Judgment 31403 of May 28th of 2010, executed by M.P. Sigifredo Espinosa Pérez.