A tutela da imagem da pessoa humana na Internet: da identificação do dano à sua compensação

Abstract

Personality rights have been constantly exposed on the internet. The great technological advance allowed the development of several mechanisms for the capture, manipulation, and dissemination of the image of the human person, which facilitated the threat of injury or even the effective violation of the right to the image. Thus, it is necessary to expand the studies regarding the content of the right to image and its protection on the Internet, especially for the pecuniary compensation of its holder in case of damage to the image. In the present dissertation, it is concluded that, in general, the unauthorized use of someone's image should be prohibited, independently of any injury to honor, unless the peculiarities and the circumstances of the case can legitimize such use. The right to image is involved in several conflicts of interest, which usually include fundamental freedoms, so that, the solution of the case will depend on a proper weighting. If the use of the image on the internet is not adequately justified, it will be necessary to compensate the victim for pain and suffering, being dispensable to prove the injury and the profit of the offender. This study was done based on civil-constitutional methodology that states rules have to be permanently read in accordance with the Constitution, being prioritized existential situations of the human being