Guidelines for the effective protection of the images right in the internet

• Grant number: 13/10647-1
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: December 01, 2013
• End date: November 30, 2014
• Field of knowledge: Applied Social Sciences - Law - Special Rights
• Principal Investigator: Cíntia Rosa Pereira de Lima
• Grantee: Julia Martins de Oliveira
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

This project has by research's object the image's right in the context of the expansion of the technology that provides a great facility to pick up and divulgate it. With the development of medias capable to record images with high quality and in an inconspicuous manner, gathered with the means for distribution and divulgation of this image, notices that there are an expansion of the conflicts involving the violation of this right. The tutelage must be comprehended in the sense of the preservation of a right that, by its own definition, is inalienable and inviolable; constituting in a fundamental factor to grantees a worthy life, considering that it is the image one of the features that allows the social life. Thereby, is imperative establish an equilibrium between the right of freedom of speech and the right of privacy, in which is inserted the image's right. When this equilibrium is disrupted, is necessary establish means for the tutelage, existing the possibility for it be indemnity or reparatory. This vision, of the image's preservation, has been constantly reaffirmed by the jurisprudence of the Regional Tribunal of Justice and the STJ, and must be regulated by alterations in the internet architecture. In view of the above mentioned, this project of research has the objective of analyze some directives whereby could be possible effectively tutelage the image's right and establish indemnification or reparation in the cases of your violation, craving with this point out the theme for a greater study of it, by the doctrine but also by the jurisprudence. (AU)