Da conformação do direito de imagem no código cívil de 2002 e sua atual aplicação

Abstract

The present study analyzes the treatment given by article 20 of the Civil Code of 2002 to the right to image, the deficiencies and the problems contained in it. It is possible to identify that personality right was not correctly individualized, receiving in the Civil Code symbiotic treatment of honor, good reputation or respectability, which goes in the opposite direction to the autonomy of the image right. It also no longer needed that to characterize the violation of image rights, their use must be intended for the economic purposes, with enough exposure without authorization for that is configured illicit. Still on the authorization of the use of the image, it is analyzed whether the criteria of public place and public person are sufficient to determine the unnecessary authorization of its holder. Finally, there is an analysis of the omission of the right to information in the drafting of the Civil Code as a modulator of the right to image. The present study highlights the relevance of it, since, currently, with the technological advancements and the frequent disrespect of image right, it is necessary to understand with what level of precision the Civil Code of 2002 treats the image right in order to provide effective protection against new challenges. The methodology used consists of the use of bibliographic research, doctrine and legislation related to the theme.