O direito de imagem Post Mortem em face da inteligência artificial no Brasil : a legitimidade dos herdeiros na criação de imagens do De Cujus

Abstract

This monograph aims to analyze the legal protection of post-mortem image rights in the Brazilian legal system, focusing on the use of artificial intelligence (AI) to reproduce images of deceased individuals. The advancement of AI technologies in the generation and manipulation of images raises legal and ethical challenges, requiring an in-depth analysis of current regulations and prospects for future regulation. The study examines the implications of AI in the preservation of the personality rights of deceased individuals, addressing specific cases and doctrinal interpretations that highlight the need for a specific regulatory framework. It also seeks to verify whether heirs have the legitimacy to authorize the creation of AI-generated images of the deceased, identifying legislative gaps and proposing viable legal alternatives. The research is based on an approach based on the analysis of books, academic articles, standards, bills and news. It is concluded that, in light of current legislation, heirs do not have the legitimacy to authorize the creation of images of deceased individuals through AI, making standardization essential to fill existing gaps and ensure greater legal certainty on the subject.