PERSONALIDADE DIGITAL E IA: UMA NOVA DIMENSÃO PARA OS DIREITOS DE PERSONALIDADE?

Abstract

This article aims to analyze the limits and exceptions to the succession of copyright, focusing on the use of post-mortem images, particularly in cases where the deceased did not previously express their will. The research, qualitative in nature, relied on bibliographic and documentary review, highlighting the contributions of Coriolano Aurélio de Almeida Camargo Santos and Flávio Tartuce. These authors explore the conflicts between technological advancements and the current legal paradigms, emphasizing the need for normative reinterpretation in the face of contemporary social changes. With the rise of Artificial Intelligence (AI), new dilemmas have emerged in Succession Law, encompassing both patrimonial and extrapatrimonial issues, such as the use of deceased individuals’ images, access to digital content, and the publication of unpublished works. The lack of specific regulation in Brazil increases the vulnerability of personality rights, which are constitutionally protected, and exacerbates ethical and legal challenges in managing these intangible assets. In this context, the Superior Court of Justice (STJ) Precedent 403 provides a relevant basis by establishing the presumption of moral damage in the unauthorized use of images for commercial purposes, highlighting the need for legal protection to preserve the dignity and memory of the deceased. A significant milestone addressed is the Bill 3,592/2023, which seeks to regulate the use of deceased individuals’ images and audio recreated by AI. The bill conditions such usage on the explicit and documented consent of the individual during their lifetime or, in its absence, their legal heirs, while also providing safeguards for refusal, even in cases of prior consent. Additionally, it proposes mandatory disclosure in advertising campaigns using AI, aiming to ensure transparency and minimize historical and cultural manipulation. The research illustrates the practical implications of this legislative gap with concrete examples, such as the digital recreation of public figures, highlighting the risks of disproportionate economic exploitation and the ethical impacts on preserving personal and cultural legacies. It is concluded that advancing regulation on this subject is imperative to harmonize technological innovation with the protection of ethical and legal values. The law must evolve to ensure the inviolability of personality rights in the digital age, respecting human dignity and the legacy of past generations while promoting legal security for future ones.