INTELIGÊNCIA ARTIFICIAL (IA) NO CONTEXTO DAS EMOÇÕES

FIM DO LUTO E A PROTEÇÃO AO DIREITO À IMAGEM (?)

Abstract

We already know that technological advances offer countless possibilities in different areas, in the professional and commercial spheres, in the academic world, in civil relations, in everyday life and, above all, in the context of emotions. This is because we can't forget that behind a creation there is at least one creator. Therefore, there are feelings, pretensions and, above all, expectations for that idea, figure or even project to come out of the paper, come to "life" and be executed as planned. Well then. Within the theme proposed in this summary, I present some challenges in the relationship between machine and man - challenges that are no longer new, especially in law. However, they have become invaluable subjects, given the great possibilities with the use of AI. For the purposes of demonstration and a better understanding of this content, it is important to recapitulate some basic notions of Law, with explanations and meanings about it. Firstly, the Federal Constitution of 1988, which guarantees the right to privacy, personal image and private life. In this sense, Art. 5, item X, of the aforementioned Constitution refers to these protections. In other words, there is legal provision on the matter, and in the event of a violation, there is the possibility of compensation. In addition, with countless technological advances, we currently have tools that facilitate projections of people, places, etc. One of these was a Volkswagen commercial of the specialist car company, the singer appears to be alive. Now, if it isn't so strange to "resurrect" people, and in this case, for commercial/economic purposes - because it was a commercial advertising the launch of a certain car model. In this context, has there been or is there a violation of the right to an image? Would any compensation therefore be appropriate in the case of Elis Regina and the like? Is there any specific legislation that regulates aspects related to the right in question? Another point, no less important, concerns the limits on the use of technology in the context of emotions. If artificial intelligence brings the dead to life, will mourning cease to be mourning? Is mourning a right or just a custom? If a tool could "bring" your family, friends or loved ones to the present moment, would it be strange or would it be the solution in the sentimental field? These are some of the questions raised in this summary, but only through an in-depth study of the law (copyright, the Consumer Protection Code, the General Data Protection Act, etc.) will it be possible to gain a (considerable) understanding.