O DIREITO DE IMAGEM NO PÓS-MORTE E O CASO DA RESSUSCITAÇÃO DIGITAL

Abstract

This article aims to study the growth of so-called "digital resurrection," a practice that involves recreating deceased individuals through artificial intelligence, and to analyze the potential legal and social impacts associated with the use of the image and voice of deceased persons. It also seeks to understand how the legal system should adapt to these new social demands. The research, which is basic in nature and adopts a quali-quantitative approach, has a correlational scope, as it examines the relationship between the rise of "digital resurrection" and the protection of personality rights. The method used is the hypothetical-deductive approach, based on the following research question: how does the growth of "digital resurrection" through artificial intelligence impact the protection of personality rights, and in what way should the legal system adapt to address these new challenges? To answer this question, bibliographic research and legislative analysis were conducted. Additionally, the study examines existing legislation regarding the image rights of deceased individuals, as well as the role of family members in authorizing the use of the deceased's image and voice. Finally, the research highlights the challenges of "digital resurrection" in the contemporary legal and social context, emphasizing the need for proper regulation to protect the dignity and memory of the deceased