O regime jurídico do corpo eletrônico post mortem: o complexo equilíbrio entre reconstrução e proteção

Abstract

In light of the latest technological advancements, the digital reconstruction of deceased individuals (a process that uses the person’s voice and image, among other elements, to allow the deceased – mimicked by artificial intelligence – and living individuals to have unprecedented interactions) has become a reality. Therefore, the primary objective of this work was to analyze the potential ethical and legal issues that could arise from this practice. Based on the constitutional civil law school, a methodology oriented towards the application of constitutional principles and values in private relations, three main conclusions were found necessary: (i) to review the way informed consent can be achieved (by establishing specific parameters); (ii) to prioritize the existential project of the data subject (the deceased) and their self-determination; and (iii) to determine the fate of the reconstructed body after its purpose is achieved. These conclusions were predominantly reached through deductive and legal-theoretical methods. From old questions that were studied by classical doctrine, the analysis progressed to address current issues related to the recreated body. To achieve this, doctrinal review and jurisprudential examination of related matters were conducted.