O alcance das normas penais brasileiras no âmbito da proteção do direito à imagem

Abstract

The rights that are inherent to the human person are called personality rights and are considered the purest representation of the dignity of the human person, lacking effective legal protection in the various spheres of the legal system. In Brazilian reality, the rights of the personality are protected by the various branches of law, being more slowly in the constitutional and civil field. The criminal sphere also welcomes these rights, but one in particular has not received criminal protection, the right to the image. It is often perceived that the right to image is violated, sometimes because of the proliferation of the media and the rapid exchange of virtual data. In view of this reality, the analysis of the problematic of the scope of Brazilian criminal law in the scope of the protection of the right to the image is taken as the north. For the accomplishment of the research the qualitative method was adopted; Opting for an analytical and explanatory approach. As for the procedural techniques of research, the analyzes started from bibliographical and documentary research. In the course of the approach it was concluded that the constitutional and civil protection are insufficient to protect this right constantly violated, lacking, as ultima ratio, the legislative formulation of a criminal type that criminalizes the conduct of improper use of the image.