DISCUSSÃO SOBRE O DIREITO À IMAGEM NO BRASIL À LUZ DO MARCO CIVIL DA INTERNET E DO ENTENDIMENTO DAS CORTES SUPERIORES

Abstract

This article addresses the protection granted to the right to image in the digital age, considering that technological advancements allow for the sharing and dissemination of images with precision and speed previously unimaginable. It aims to analyze the contours of the right to image in the information society, based on the protection provided by the Federal Constitution of 1988, the Civil Code of 2002, and the Civil Framework of the Internet. Furthermore, it seeks to analyze the framework adopted for the liability of internet application providers, the understanding given to the issue by the Superior Court of Justice (STJ), and the current Brazilian scenario on the topic, particularly in light of the position of the Federal Supreme Court (STF). The methodology of theoretical research was employed, as well as the analysis of precedents from the STJ and STF regarding the protection of the right to image on the internet and the civil liability of internet application providers. It is worth highlighting that the Civil Framework of the Internet represented an important advancement in regulating the issue, particularly by establishing parameters for the liability of internet application providers; however, it calls for more refined protection on the matter. Therefore, the STJ has increasingly ruled on the subject and defined new parameters beyond those already provided for in legislation, in order to mitigate the embarrassment to honor and unnecessary exposure of individuals. Additionally, the analysis of the question by the STF may represent an opportunity to enhance the debate on how the Brazilian legal system handles the relationship between users and internet application providers.