LABOR LAW IN BRAZIL: A STUDY ON THE USE OF EMPLOYEE IMAGES ON DIGITAL PLATFORMS

Abstract

This article develops a study on the use of employee images on digital platforms. Considering the growing digital marketing in the commercial environment, the central question guiding this work was: How does Brazilian legislation address cases of commercial exploitation using employee images on corporate digital platforms? The general objective is to analyze, through labor law, the employee's rights to the preservation of their image and the legal consequences for the employer in cases of undue exploitation on digital platforms. Regarding the specific objective, it seeks to contextualize how commercial technological advancement confronts labor law, giving rise to "influencer employees." It analyzes how the linking of an employee's image to these platforms exposes them to the risk of misuse or manipulation by the company or third parties with access. This study aims to contextualize cases of illegality when there is no consent for the use of an image or when such consent was obtained coercively by the employer in the exercise of their managerial power. It also contextualizes how the application of the LGPD (General Data Protection Law) protects the data, image, and voice of users in the digital realm, while the CLT (Consolidation of Labor Laws) regulates the employee-employer relationship, regulating the use of the employee's image within ethical and legal limits. The methodology adopted is qualitative in nature, with an explanatory, bibliographic, and descriptive approach, using analyses of academic articles, monographs, relevant legislation, and online sources. Thus, this analysis seeks not only to establish an appropriate parameter, regardless of hierarchical level or stipulated employment contract, to suppress irregularities, but also to recognize the need for legal reforms and corporate policies.