O uso indevido da imagem de pessoas mortas de forma brutal e violenta e o papel da mídia na era informacional : Uma análise crítica á luz dos direitos fundamentais.

Abstract

This investigation fix attention on the inappropriate exploitation of brutally killed people in news websites and other communication ways via the internet. Thus, it is set an analysis on the fundamental rights, specifically freedom of expression linked to the right of freedom of information (its limits towards the principle of human dignity and the image right), which are also protected as fundamental rights. Still, the range that information has reached is considered on these lines and, in addition, some points regarding to the Brazilian law for internet use, i.e., Law n. 12.965/14 (civil internet guideline). In most, as broadcasting praxis is reviewed, in particular, on electronic media about images of chocking deaths, it is critically analyzed the need of that kind of news dissemination to the audition. In that sense, apparent and authentic fundamental law conflicts is examined. Lastly, all the matter was put into analysis by the view of the Tribunals. It was found that the abuse against freedom of expression is a recurrent and reprehensible usage in journalistic environments, so common as to bring attention from the academy. The civil internet guideline must be used as a way of gathering evidence for those cases, as seen. To get into the results, this research adopted the deductive method as approach, the bibliographic research method and data collection; and, as procedure, it was adopted the evolutive/historic, jurisdictional and comparative methods.