OLIVEIRA, T. C.; http://lattes.cnpq.br/2180723327205741; OLIVEIRA, Talita Cinara de.
Resumen:
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.