A CONSOLIDAÇÃO DA RESPONSABILIDADE NA VIOLAÇÃO DE DIREITOS POST MORTEM EM MÍDIAS SOCIAIS: Revisão narrativa da literatura

Abstract

The speed of news transmission via social media is used negatively in the dissemination and sharing of images and videos of air and traffic accidents, exposing victims in the cruelest way possible. However, images in these conditions expose people and portray victims with mutilations, exposure of bones, torn flesh or genitals and, as a result, affect society and especially the victim's family and friends. Offensive exposure, which violates personality and image rights, even more serious when it comes to famous artists known nationally, since the publicity tends to be of a large scale and spread both nationally and abroad. This exposure causes a great impact on the victim's family and friends, increasing the pain of loss and consequently not forgetting since once it has spread it is very difficult to censor the content. The present academic work aims to carry out an analysis to verify how the responsibility of the actors involved in cases of media exposure of the image of deceased famous people on social networks is consolidated. The choice of the theme results from the recent exposure of famous traffic accidents in Brazil, due to their great repercussion, thus generating the purpose of researching how the actors are held responsible and who they are. To this end, qualitative research was used to analyze and prepare this work. In the first part of this work, legislation and judgments were analyzed. In the second part, we sought to analyze the cases with the most impact in Brazil. In the third part, it remained to investigate the civil liability of the parties in a primary and secondary way. And, finally, it concluded with the conclusions of the parties analyzed during the course of this study, noting that there are several negative impacts arising from leaks of images of deceased artists, consolidating that the responsibilities of the actors involved are multiple, as well as that the Measures adopted by the courts to repair the damage are not capable of minimizing the pain of bereaved family members.