Normative and Jurisprudencial Overview of the Business Element: an Analysis of the Legal Framework of Intellectual Services Provider in the Light of the Courts

Abstract

This is a study about the interpretation given by the Courts of Justice of Minas Gerais andSao Paulo and the Superior Court of Justice to the term business element, laid down in art. 966, sole paragraph, of the Brazilian Civil Code. The objective is to analyze and understand the criteria adopted by the courts to frame the intellectual service provider as an entrepreneur. From a qualitative approach was adopted documentary analysis method, which allowed the study and categorization of the reasons used by the courts in examining individual cases, contributing to the consolidation of a jurisprudential concept of business element.