Limites ao direito constitucional à imagem sob a ótica da veiculação de fotografias em matérias jornalísticas policiais

Abstract

Abstract: This article deals with the limitations imposed by Brazilian legislation on the publication of images-portraits of people in police reports in daily journalistic journals. It aims to analyze the restrictions established by the national legal system, under the prism of the Federal Constitution, to the use of photographic images of human beings in the printed police news. They are writings that suggest exams within the scope of the Major Law and its reflexes in the field of Civil Law. The methodology used in the present study was that of bibliographic research, supported by books and websites, from which, from the latter, legal articles and judicial decisions of the second and higher courts were examined. In addition to definitions of the right to the image, its modalities and legislative apparatus, the work under consideration enters the sphere of conflict resolution between fundamental rights, as well as incoherence of an infraconstitutional rule, based on specific cases. The final result ofthe research is revealed as a contribution to a greater awareness of the press professionals about the importance and care that must be taken with the correct use of the image, striving for ethics and the quality of the product made available to the public - reader, since it was found that the excess on the part of these communication workers in the use of portrait images becomes, in reality, an illegal act, when it goes against constitutional foundations and principles. Evidently, the article is also extremely useful for law enforcement officers, people who deal with the human image and ordinary citizens interested in the topic. Keywords: Right to Photographic Image. Right to Information. Damage to the Image. Police Journalistic Articles.