A proteção jurídica da imagem da criança e do adolescente

Abstract

This thesis was produced to demonstrate the importance of legal protection to children and youth, who are subjects to special rights of personality, facing their peculiar condition of developing persons. The first part of the text deals with those legal cases that bring about the right to image and its development into a doctrine after interpreting the copyright rules, stressing their characteristic of right to personality, of which it is a sensible expression. After a brief notion of general and special rights to personality and to better understand the theme, we supplied the essential profiles of right to image of people in general such as conceptualization, content, nature and legal framing, also mentioning the subjects involved in this legal relations and the voluntary and legal limitations that are part of such right. In the second part of the work, after stressing the protection to childhood and youth also as a right to personality and based upon the principles of respect to the dignity of the human person, full protection, greater vulnerability, highest interest of the child and teenager, and of the right to forgetfulness, we examined the interconnected issue of image and rights under the focus of article 17 Law # 8.069/90, concerning the right to respect. After noting the triple tutelage granted by the Estatuto da Criança e do Adolescente (Statute of Child and Teenager) to the infantile/juvenile personality (civil, administrative, criminal), we stressed the civil aspect of adequacy of the use of minors images by communication means, the personal and patrimonial relationships between infants and their parents, the contract for use of their images, and the abuses consecrated against such right by the very progenitors or third-parties, defining civil liability by threat or offense to the child or teenager image, and the appropriate procedural orders for preservation, cessation or repair to the tort