Software License Compliance: A Constitutional and Strategic Right

In Brazil, the holder of intellectual property rights is entitled not only to economically exploit their work, but also to monitor how such exploitation takes place. These two pillars are enshrined in the Federal Constitution: Article 5, item XXVII guarantees authors “the exclusive right to use, publish, or reproduce their works,” while item XXVIII, subparagraph “b” ensures that creators have “the right to monitor the commercial exploitation of the works they create or participate in.”

Together, these provisions give software developers not only the authority to license their programs, but also the right — and responsibility — to verify whether those licenses are being properly observed.

This is precisely where Software License Compliance programs come into play. These programs involve technical, legal, and operational structures that enable software rights holders to audit, monitor, and, when necessary, take action against the improper use of their software.

Oversight can be conducted cooperatively, through voluntary audits and formal communications, or — when justified — through judicial measures, such as pre-trial evidence collection or technical inspections conducted by court-appointed experts.

Brazilian courts have consistently recognized the right to audit software usage as a lawful exercise of intellectual property rights, not as abusive conduct. It is a matter of protecting one of the most strategic assets in the knowledge economy: software.

Our firm regularly advises both Brazilian and international developers in designing and defending compliance programs that are fully grounded in Brazilian constitutional and statutory law — ensuring that innovation is respected and legally safeguarded.

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