Os destinatários do Direito à imagem e a gradação biológica

o alcance da imagem a partir de uma visão cosmopolita constitucional privatista

Abstract

The right of image needs a broad interpretation, thinking about constitutional law or not, so there is an interpretive proximity between image, dignity, honor and personality, thinking about the characteristics and principles. The image has been much rethought by the Law, Courts and Theories, there has also been a new analysis on the principle of the dignity of the human person, usually because of the speeches of the search for happiness and enlargement. There is no longer a great distance between physical persons, legal persons and people without personality, but despite these approximations, it is not interesting to make a theoretical and practical disconnection between these elements. We know that the central point that differentiates legal and physical persons, despite the strength of the theory of reality, will always be the dignity of the human person. In this work, the readers will be able to follow the profiles, jurisprudential and theoretical, that spread in the Brazilian Law, generating a movement of expansion of protection of the discourse of the image, showing by tendency that the moral damages can happen due to the violation of the rights to the personality or image. Throughout the article we will also disturb the author for thoughts such as: Is it possible to have an image without having a personality? Can there be compensation for moral damages against that person who has no personality? So in a critical interpretive view, I will try to organize these issues