IMAGE AND VOICE IN THE AGE OF ARTIFICIAL INTELLIGENCE: POSTHUMOUS RIGHTS, CONSENT, AND EMERGING CHALLENGES

Abstract

Artificial intelligence has profoundly reshaped the ways in which image and voice, as essential attributes of personality rights, are manipulated and reproduced. This paper examines, from a civil-constitutional perspective, the protection of these rights under Brazilian law, considering the Federal Constitution of 1988, the Civil Code, the Copyright Act, and the General Data Protection Law. Special attention is given to posthumous protection, exploring the extent to which heirs may authorize or restrict the use of the deceased’s identity, as well as to contemporary risks such as deepfakes and voice cloning. A deductive methodology is employed, combining doctrinal analysis, legislative interpretation, and case law review, to assess the adequacy of existing legal frameworks. The study concludes that the safeguarding of human dignity requires more robust legal instruments, including explicit consent mechanisms, transparency obligations, and limits on the commercial exploitation of image and voice after death.