A IMAGEM COMO UM DIREITO DA PERSONALIDADE AUTÔNOMO
ResumoO presente artigo tem como objetivo o estudo da imagem como um direito autônomo. Trata-se de pesquisa que utiliza metodologia descritiva e dedutiva, baseada fundamentalmente em revisão bibliográfica e na investigação da legislação e da jurisprudência. O texto inicialmente destaca que o surgimento e o desenvolvimento da técnica fotográfica foi fundamental para que direito à imagem passasse a ter relevância jurídica. Deixa claro que o direito à imagem protege um bem jurídico autônomo, que não pode ser confundido com outros direitos, como é o caso da honra e da privacidade. O trabalho também analisa dois julgados de tribunais brasileiros, o que é feito para se constatar a dificuldade de compreensão sobre a tutela do direito à imagem. Os resultados alcançados demonstram que a interpretação equivocada da Constituição Federal e do Código Civil, muitas vezes realizada pela doutrina e pelos tribunais, pode levar a resultados bastante danosos. Por isso, para que se garanta a tutela autônoma do direito à imagem, é necessária a releitura do art. 20 do Código Civil em conformidade com Constituição Federal.
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