RIGHT TO PRIVACY IN THE DIGITAL AGE: THE USE OF DRONES AND THE RIGHT TO IMAGE

Abstract

This article examines how the Brazilian legal system, in the context of the digital era and the use of drones, ensures the effectiveness of the fundamental right to privacy and the right to one's image. It adopts the hypothetical-deductive method, with a qualitative approach, relying on bibliographical, documentary and case-law research, analyzing constitutional and infraconstitutional sources as well as decisions of Brazilian courts. The study addresses the historical evolution of the right to privacy, the constitutional and infraconstitutional protection of the right to one's image, the challenges posed by social networks and personal data protection, including a comparison between the Brazilian General Data Protection Law and the European General Data Protection Regulation, in addition to the consolidated case law of the Federal Supreme Court, the Superior Court of Justice and state courts. It is concluded that, although the national legal system possesses important instruments for the protection of these fundamental rights, there remain significant regulatory gaps regarding the use of drones, as well as fragmented judicial interpretations. It is understood that Brazil has an initial, yet insufficient, legal framework to address current technological challenges, requiring the enactment of specific legislation, the standardization of judicial decisions, and the strengthening of oversight bodies.