Direito à imagem: o papel do legislativo brasileiro frente à deepfake

Abstract

The conceptualization of image has sparked discussions across various fields of knowledge, and with the advent of photography, social media, and Artificial Intelligence, this act has become increasingly instantaneous. Considering this immediacy, this paper aims to question whether Brazilian legal frameworks have been effective in protecting image rights within the context of deepfakes. Considering these elements, the research seeks to discuss the legislative role in image protection and how legal safeguards are currently implemented. Specific objectives include deepening the understanding of what legislators interpret as image, examining the circumstances under which this right is protected, and evaluating the steps taken by Brazilian legislation regarding this right, as well as its approach to combating deepfakes. To guide this analysis, bibliographic and documentary research was employed, involving the examination of scientific articles, theses, books, news reports, legislation, and direct contact with the Chamber of Deputies and the Federal Senate, based on the Access to Information Law, to understand the historical and evolutionary context of the Legislature. It was revealed that there is a notable legislative effort to effectively protect image rights, though the existing laws are still formal and diverge from the rapid dissemination of information on social media through "sharing." Additionally, the unrestricted access to such content on the internet, without adequate filters, presents an additional challenge, with identified gaps regarding the civil responsibility of AI tool providers for malicious purposes, such as pornography, as well as ethical measures to ensure such content remains beyond a click away.