DIREITO DE IMAGEM POST MORTEM EM FACE DO SURGIMENTO DAS DEEPFAKES: ANÁLISE À LUZ DO COMERCIAL DA VOLKSWAGEN
DOI:
https://doi.org/10.17564/2316-3143.2025v9n1p42-54Abstract
The emergence of deepfakes introduces a relevant discussion about personality rights, as this technology allows the recreation of people's images, placing them in any scenario. The problem addressed in this study lies in the interference of artificial intelligence technology in personality rights, particularly regarding the image rights of deceased individuals. The aim is to analyze the ethical and legal implications of using AI for digital recreation, investigating what measures are necessary to protect human dignity in the face of contemporary challenges. To this end, a qualitative research approach was adopted, using the deductive method, aiming to understand the concepts that guide image rights and deepfakes. The investigation draws upon the "digital resurrection" of singer Elis Regina in a Volkswagen commercial. From this perspective, issues such as the autonomy of the person portrayed, transparency in the use of Artificial Intelligence in media creation, and current and future legislative approaches on the post-mortem perspective emerge, as well as the importance of faithfully representing the individual. The need for regulation of the responsible use of deepfake technologies to preserve dignity and fundamental human rights is evident, ensuring respect for these rights and focusing only on their positive applications.
KEYWORDS
Deepfake. Image Rights. Personality Rights. Artificial Intelligence.