Fraud committed from the use of deepfakes they still do not have a case law molded and refined in Brazilian courts. In recent months, the theme of changes in videos and photos with the aid of artificial intelligence (AI) has gained much prominence in the media. However, because the technology that allows the changes is relatively recent, the legal aspects related to the subject are still being gradually understood by the courts.
Despite the absence of specific jurisprudence, there are some regulations of the national legal system that can be used as a basis. In the Federal Constitution, dated 1988, the right to privacy and image is guaranteed. In article 5, item X, it is written that “ are inviolable intimacy, private life, honor and image of people, ensuring the right to compensation for material or moral damage resulting from their violation”.
The Brazilian Civil Code also deals with related issues, providing a basis for the protection of the rights of personality related to honor and image. Article 11 establishes that the law ensures the protection of privacy, honor and image. Article 20 prohibits the exposure or use of the image of someone without permission, if improper use reaches their honor, good name, respect or is intended for commercial purposes.
In the Criminal Code, the crimes of slander, defamation and injury are typified, which also conduct that affects the honor of people. Slander is defined as the false imputation of a crime to someone. Slander is pointed out as the imputation of a fact offensive to someone's reputation. The injury is typified as the direct offense to someone's dignity or decorum.
Another that can be applied is the General Law of Protection of Personal Data (LGPD), which was sanctioned in 2018 and began to apply in 2020 deepfakesbut it provides a legal framework that can be used to protect personal data in contexts involving the use of AI.
In its article 5, the LGPD defines what personal data are. In article 7, it says that the processing of personal data generally requires the consent of the holder of the same. No 18, it guarantees rights of access and rectification. No 46, it requires that entities that process personal data adopt security measures to protect them. Between articles 52 and 54, responsibilities and penalties related to improper uses and unauthorized access are treated.
Thus, in a practical scenario, cases of deepfake they can be reported to the National Data Protection Authority (ANPD), requiring the removal of the content. In severe cases, you can seek compensation for damages through legal action, both by individuals and legal entities.
