Direito à imagem: possibilidade indenizatória pelo plágio da aparência fisionômica a partir de procedimentos estéticos

Abstract

The present work seeks to analyze the possibility of applying compensation for moral damages over those who perform static procedures that aim at obtaining the same third person appearance. For the analysis and outcome of the problem it will be necessary to analyze the peculiarities and requirements inherent to the personality law, protected by the Civil Code and by the Constitution of the Republic. Further on, we seek to analyze, specifically, the analysis of the right to the image, the question of the problem researched and its dimensions. In order to arrive at a conclusion, however, it is necessary to understand the legal system as a system of rules and principle that imposes its compliance, as a whole, for its application in the case concrete. In this sense, it was decided to use the doctrinal aspect of civil-constitutional application on the norms that discipline private juridical relations. Following this line of thinking, the theory of civil accountability and its potential impact will be applied to the problem, so that it presents its requirements and set the damage, the victim is presented with the possibility of being compensated for the damage suffered. Lastly, because it involves strictly extra-budgetary issues, it should be analyzed whether or not the indemnity for moral damages is used as an instrument to be used by that individual whose image was improperly appropriated by a third party.