POST MORTEM PERSONALITY RIGHTS: A REFLECTION BEYOND LIFE

Abstract

The scope and purpose of this study is to reflect, analyze and consider personality rights after death. In times of the digital age, in which technological advances bring about specific changes in the lives of all of us, it is necessary to study the developments that such advances culminate in, especially in themes related to death. The research is justified by a study based on a recent case of perpetuating the image of a deceased person through the use of artificial intelligence (AI). In the course of the work, topics inherent to the theme are dissected, such as the anchoring of the principle of human dignity; right to image; legal protection of the rights of the deceased; legitimacy of action and legal protection. In this line of thought, we seek to probe the possibility or not of the extension of personality rights after death and if this is a credible conjecture, it is essential to demonstrate the consequences and guidance that the doctrine, as well as the legal system, provides for this. peculiar situation. In short, today's society is increasingly complex and the law and its vicissitudes arising from this social framework require polishing, thus aiming at the incessant search for the construction of a shepherding Law, which guides and guides the community and its citizens in their demands, ensuring them the full exercise of their intrinsic human rights.