Frauds committed through the use ofdeepfakesthey still do not have a shaped and refined jurisprudence in the Brazilian courts. In recent months, the topic of altering videos and photos with the help of artificial intelligence (AI) has gained significant media attention. However, because the technology that allows modifications is relatively recent, the legal aspects related to the subject are still being gradually understood by the courts.
Despite the lack of specific jurisprudence, there are some regulations within the national legal system that can be used as a basis. In the Federal Constitution of 1988, the right to privacy and image is guaranteed. In Article 5, item X, it is written that "the intimacy, private life, honor, and image of individuals are inviolable, and the right to compensation for material or moral damages resulting from their violation is assured."
The Brazilian Civil Code also addresses related topics, providing a basis for the protection of personality rights related to honor and image. Article 11 establishes that the law guarantees protection of privacy, honor, and image. Article 20 prohibits the exposure or use of someone's image without permission if the improper use harms their honor, good reputation, respect, or is intended for commercial purposes.
In the Penal Code, the crimes of defamation, slander, and insult are defined, which are also conduct that affect people's honor. Defamation is defined as the false imputation of a crime to someone. Defamation is pointed out as the attribution of an offensive fact to someone's reputation. Injury is classified as a direct offense to someone's dignity or decorum.
Another applicable law is the General Data Protection Law (LGPD), which was enacted in 2018 and came into effect in 2020. She does not specifically addressdeepfakes, but 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 is. In Article 7, it states that the processing of personal data generally requires the consent of the data subject. No 18, guarantees rights of access and rectification. No 46, it requires entities that handle personal data to adopt security measures to protect them. Between articles 52 and 54, responsibilities and penalties related to misuse and unauthorized access are addressed.
Thus, in a practical scenario, cases ofdeepfakeThey can be reported to the National Data Protection Authority (ANPD), and the removal of the content may be required. In severe cases, compensation for damages can be sought through legal action, both by individuals and legal entities.
