Vídeos publicitários viralizados: uma perspectiva legal sobre a participação de empregados na publicidade destinada às redes sociais

Abstract

With the advent of new marketing methods, the use of employees' images in advertising on social media has become a common practice, necessitating an analysis of the legal protections available to these workers. The main objective of this paper is to analyze the employment relationship and the respective employment contract, relating it to the ethical, legal, and social aspects involved in the participation of employees in advertising videos produced by companies and broadcast on social media, with special attention to the protection of workers' individual rights. Initially, the paper will investigate the changes in the way marketing content is produced and their impact on the use of social media as an advertising medium, as well as examine the current legislation on individual image rights, understanding it as a Fundamental Right and observing the legislative protections that are violated. It will also analyze the concept of image rights and their protection as an individual right, assessing how current laws apply specifically to the protection of workers' rights. Finally, it will investigate defects in consent and other barriers that hinder the application of the LGPD, particularly regarding workers' image rights. The methodology adopted for this study consists of qualitative research of a bibliographic and documentary nature, with descriptive analysis focused on adaptations to the theme. The results reveal that, although workers' image rights are legally protected, the centrality of consent in these relationships presents problems due to the subordination inherent in the employment relationship, which often characterizes a defect in consent. A gap is observed in the legislation by not specifically addressing this asymmetry of power, highlighting the need for specific regulation. It is concluded that, while specific legislation is not a rupture, it is incumbent upon companies to adopt compliance policies and good organizational practices to ensure a fair and safe environment, thereby guaranteeing protection for both workers and companies.