PERSONALITY RIGHTS: A SYSTEMIC ANALYSIS BETWEEN THE IMPACTS OF IMAGE LAW AND PUBLIC AGENTS

Abstract

With the advancement of digital technology and the use of social media, it is becoming easier and more common to expose third-party images. The image right, classified within the personality rights, is defended in the Federal Constitution of 1988, in its art. 5th, incl. V and X, as part of the fundamental principles and rights. It happens that the dissemination of the image without authorization and/or that causes damage to the exposed person is liable to civil liability for the one who violates this right. Accordingly, public agents exposed in filming have rights to the use of an image different from the private one, since, when exercising their functions, they act as representatives of the State and must comply with and comply with the same characteristics, principles and legal assumptions as the public administration. it has. However, the lack of knowledge or the use of coercive means by public agents is clear when they are in situations in which a civilian uses digital means to film their acts. Therefore, the doctrinal and jurisprudential study of the use of the image of public agents and the legal limits of the dissemination of these images is necessary.