Responsabilidade civil e direito à imagem: a exploração da imagem nas redes sociais no contexto pandêmico

Abstract

The present work analyzes civil liability or direct to image. In view of the overwhelming scenario that the pandemic causes in people, the study developed, will have as a field for research the responsibility civil society for the dissemination of images of people in situations of vulnerability, charitable preceptors in the pandemic context. The objective was to analyze the exploitation of social vulnerability on the social networks, through images and identify the possible civil liability of the agent which used images of the people benefited, for charity, during the pandemic. A bibliographic research was carried out, which analyzed the current legislation, books by authors on the subject, dissertations, monographs and scientific articles from the Internet. After analyzing the bibliographic materials, it was possible to determine the civil liability of the agent, which uses images of people benefited by charity during the pandemic. Since even people giving permission to post, this one will be addicted, because the will is the fundamental element in these cases, so these people in vulnerable situations are fragile, needing the blessings. Therefore, the person in a vulnerable situation is led to carry out a legal business to save himself or his family, assuming a disproportionate obligation. Thus, in this case, all the elements are configured essential to give rise to the civil liability of those who acted with this exploratory purpose. It is noteworthy that it is necessary to reinforce the rights that the person in a situation of vulnerability has, so as not to be injured and mitigated by agents who act with the exploratory purpose.