A responsabilidade civil pelo uso indevido da imagem de pessoa morta pelos meios de comunicação no direito brasileiro.

Abstract

The institute of the Civil Liability and yours constitutional guarantees and civil aim to curb the damage to essential rights of man, given this prerogative, this work has the purpose to make a legal analysis of the personal rights of the deceased in confrontation with the sensationalist media, highlighting the disproportionately with which use the principle of Freedom of Information to the detriment of the image, memory and honor of the dead person, reflecting on the legal possibility of directly affected family, plead in court to compensation for misuse of picture of your loved one, given that the death of the holder of the image does not lead to extinction of this, which remains deserving protection. The abusive conduct of some media professionals is identified at the time in reporting accidents or murders exceed their duty to inform, exposing shocking images of the victims, not even them to preserve the identity. Thus, the research is justified under review by the fact that it would be absurd and disrespectful to the memory of the dead, just ignore the insults to his posthumous rights, denying them the opportunity to defend his successors. In this context, it recognizes whether a right to compensation to the deceased's heirs who acquire active standing to legally require the civil liability of the offending media, protecting the dignity of the deceased. The obligation to indemnify also consists of a compensatory measure to suffering and distress experienced by the victim's relatives. The monograph was developed using the deductive methods, historical and evolutionary, exegetical and legal and finally used the literature method.