Herança digital: recriação de imagens póstumas por inteligência artificial e a proteção dos direitos da personalidade

Abstract

The use of Artificial Intelligence (AI) to recreate images and audios of deceased individuals is an emerging and controversial topic, especially in light of the evolution of digital technologies and their application in various fields such as advertising and entertainment. This paper aims to analyze the legal and ethical implications of this phenomenon, focusing on Bill No. 3,592/2023, currently under consideration in the Brazilian National Congress, which proposes to regulate the use of deceased individuals' images through AI. The methodology employed was hypothetical-deductive, based on a literature review of relevant legislation, doctrine, and works on the subject. The research addresses the legal challenges related to the protection of personality rights and post-mortem image rights, highlighting gaps in the current legislation and the need for adjustments to ensure effective protection of the memory and interests of the deceased. Through a critical analysis of the bill, inconsistencies were identified, such as the prioritization of the heirs' wishes over those of the deceased, and the lack of clarity regarding the limits of commercial use of AI-generated images. The conclusion is that, although the bill represents progress, it requires improvement to be effective in protecting the rights of the deceased and controlling the misuse of their images and voice, in a way that balances technological advances with human dignity.