DUTRA, W. R.; http://lattes.cnpq.br/4855260569561385; DUTRA, Wescley Rodrigues.
Resumo:
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.