O DIREITO DE IMAGEM EM TEMPOS VIRTUAIS

Abstract

Technological developments in the last two centuries, accompanied by the growth of mass media and advertising, have drawn the attention of the legal community to the study of images. Originally, this legal asset was used to protect other rights, such as the right to honor, privacy, copyright and the right to one's own body. Over time, it was seen that it is an autonomous legal asset and worthy of its own protection, but there are penalties for gaps in the protection of the personality. The image right has elevated to an autonomous fundamental right, part of a list of hard and fast terms essential to human dignity. The Federal Constitution also provides for new meanings of image – in addition to the physical constitution of the individual – that affirm the attributes that a person presents to society. Therefore, nowadays, compensation for moral damages is due when the right to image is violated, which can occur by mere violation of the right to portrait, regardless of damage to honor or other rights, giving effective protection to the autonomy of the fundamental good of the personality.