Tutela jurídica post mortem de perfis com caráter autobiográfico em redes sociais: parâmetros a partir de páginas constantes no Facebook e no Instagram

Abstract

This study intends to analyze, from an existential point of view, the profiles of natural persons on Facebook and Instagram that are autobiographical and that are not economically exploited, with the aim of identifying what would be the legal protection to be directed to these pages. For that, the work investigates whether there is an effective projection of the human person on the Internet, how this transposition of personality aspects to the network would operate and what would be its consequences after the individual's death. In this context, the post mortem permanence of the content is considered in contrast to the finitude of human life, analyzing the legal foundations of the protection of individual memory on the network, in order to identify alternatives for the legal protection given to these pages. It is concluded that these profiles have a very personal character, given their existential content, and, therefore, their guardianship does not operate through succession transmission, but rather part of the protection of individual memory, which figures as the central foundation of guardianship post mortem of existential interests of the account holder and which is reflected in the face of interests of family members and third parties, also generating duties for the application provider that manages the platform on which the profile is inserted.