Réplica digital audiovisual e a eternidade aparente dos atributos da personalidade

Resumo

This dissertation examines the legal challenges arising from the audiovisual digital reproduction of deceased persons, especially when technologies such as artificial intelligence, deepfakes, holograms, CGI, and voice cloning make it possible to recreate the image, voice, and identifying traits of individuals after death. The study begins with the observation that contemporary society produces and stores an increasing volume of audiovisual records, forming true personal digital archives that may be preserved, manipulated, and exploited in family, cultural, artistic, and commercial contexts. The research focuses on so-called defined reproductions, that is, previously determined audiovisual representations, such as advertising pieces, montages, videos, tributes, and holograms, distinguishing them from interactive or generative forms, such as chatbots and conversational avatars. Based on this scope, the dissertation analyzes how the image and voice of deceased persons challenge traditional categories of Brazilian Civil Law, particularly in light of the rule that personality ceases upon death and the non-transferability of personality rights. The research examines the tension between post-mortem protection, the autonomy of the deceased, the interests of heirs, and the economic exploitation of personal attributes. To this end, it articulates the Brazilian legal framework concerning personality rights, succession law, digital inheritance, data protection, and copyright, seeking to understand to what extent successors may protect, prevent, or eventually authorize certain uses of the image and voice of the deceased. The study also examines relevant foreign experiences, such as the French, German, and North American models, in order to compare different forms of postmortem protection of image, voice, and identity. In addition, it relies on highly publicized concrete cases involving the digital recreation of artists and public figures, demonstrating that the issue is no longer merely theoretical, but deeply practical. Finally, we will discuss the possible legislative and regulatory pathways capable of providing greater legal certainty for the posthumous use of audiovisual recordings, balancing respect for the individual’s image with the opportunities created by this technological innovation.

Ficha do documento

Tipo

Dissertação

Ano

2026

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/39500

Temas

Tecnologia

Palavras-chave

Réplica digitalDireitos da personalidadeImagemTutela post mortemInteligência artificialDigital replicaPersonality rightsImagePost-mortem protectionArtificial intelligenceDireitoTecnologia e direitoDireito a própria imagemPersonalidade (Direito)Mortos - Aspectos jurídicos