Frauds committed through the use ofdeepfakesthey still do not have a shaped and refined jurisprudence in Brazilian courts. In recent months, the topic of video and photo editing with the help of artificial intelligence (AI) has gained significant attention in the media. However, due to the fact that 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 absence of specific case law, 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 "the intimacy is inviolable, private life, the honor and the image of people, ensured the right to compensation for material or moral damage resulting from its violation
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 ensures the protection of private life, to honor and to image. Article 20 prohibits the display or use of someone's image without permission, if the misuse affects your honor, good reputation, respect or is intended for commercial purposes
In the Penal Code, the crimes of slander are typified, defamation and insult, that also conducts that affect the honor of people. Slander is defined as the false accusation of a crime against someone. Defamation is identified 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 that can be applied 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 your article 5, the LGPD defines what personal data is. In Article 7, it says that the processing of personal data generally requires the consent of the data subject. No 18, guarantees rights of access and rectification. No 46, requires that entities that handle personal data 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 ofdeepfakecan be reported to the National Data Protection Authority (ANPD), requiring the removal of the content. In serious cases, one can seek compensation for damages through legal action, both from individuals and legal entities
