Violação do direito à imagem da pessoa morta: uma análise da jurisprudência brasileira.

Abstract

Nowadays, a big part of world’s population walks together with technology. Before, the society accessed the information through TV or radio. However, today, people appreciate the most advanced technologies possible, such as Smartphone, a new version of mobile phone with connectivity and similar functionalities of a personal computer, obviously with an operational system that is capable to operate several applications, as well as to provide a different mode of propagating information. For this reason, this academic work has as objective to analyze the breach of law regarding image of dead person, reporting some jurisprudences, alluding to implications and applicable sanctions because of lesions in the honor, image and privacy of people. The improvement in the communication media and the constant exposure of image of people are some of factors that evidence the damages sustained against the image and many judicial demands, because of its inappropriate use. According to this data, the freedom of information extends as far as it does not encounter resistance against other fundamental laws, in its inviolable genders. It is understood as a stable method to certify that one right does not overlap another.