The violation of the Image Rights in the digital age: possible injuries and consequential damages

• Grant number: 14/01679-0
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Effective date (Start): July 01, 2014
• Effective date (End): December 31, 2014
• Field of knowledge: Applied Social Sciences - Law - Private Law
• Principal Investigator: Kelly Cristina Canela
• Grantee: Yuri Vinicius Lenharo
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The current project deals with the issue of the Image Rights, branch of the Personality Rights, with the advent and expansion of the Internet, electronic devices that are connected to the Web uninterruptedly and the media. That right is guaranteed by the Constitution, disciplined by the article 5º, V, X, XXVII, as well as by the Civil Code of the 2002, in its 20ºarticle. This Right has some particularities, more deeply handled in the present work, as the fact of being independent of other Rights, for example, it is possible to injure the honor of someone, without injuring their image, or vice versa. Also, the right subdivides into two distinct species, namely, Imagem-retrato (image-portrait) and Imagem-atributo (image-attribute), wich will be widely explained throughout the research. While this right was taking shape, also the internet was expanding and the media was increasing its forms of communication, began to emerge several legal disputes involving the misuse of the Image, be it portrait or attribute. Thus, there are several trials that stipulated compensantions to the victims of internet and media, whether written, televised or via internet. With this, it is seeked through doctrinal and jurisprudential research, what is the understanding of scholars and judges on the subject, what are the possible injuries and the reasonable compensation.