A aplicabilidade da teoria do lucro da intervenção na proteção do direito de imagem dos jogadores de futebol nos jogos eletrônicos.

Abstract

The games sector has made a name for itself on the national scene, especially in football-related games. The incessant demand from consumers for these games and the need for them to be ever closer to reality have increased investment by companies in creating and developing the graphic content of these games. As a result, companies are incessantly using the true-to-life characteristics of soccer players to increase the reality of their games. However, the Brazilian legal system stipulates that the right to an image is very personal, making it compulsory for the owner to authorize its commercialization. Even so, gaming companies continue to improperly commercialize players' images, making profits that exceed the damages obtained by way of compensation. Practices such as these encourage the violation of both personality rights and other fundamental rights provided for in the Brazilian legal system. In order to curb this practice, this article will explore the applicability of the intervention profit theory as a form of civil liability for football game companies, since the property values obtained are a form of unjust enrichment. To this end, the methodology used was bibliographical research, as well as the analysis of concrete cases, used in an analogous way to the violation of soccer players' image rights by electronic game developers, as a way of demonstrating the viability of the intervention profit theory as a form of restitution to the holders of this right.