Direito da personalidade e proteção da imagem post Mortem: desafios e perspectivas frente à inteligência artificial e a ressurreição digital

This article examines the challenges surrounding the legal protection of post-mor-tem image rights in an era marked by the growing use of artificial intelligence in content creation. The phenomenon, often referred to as “digital resurrection”, enables the generation of new audiovisual, sound, and graphic works through the manipulation of materials produced by individuals during their lifetimes. The analysis focuses on the impact of AI-driven techniques, particularly deepfakes, on the right to the im-age of deceased individuals, and the ethical and legal implications of generating post-mor-tem original content. Through a bibliographic review, the article explores the intersection of artificial intelligence and personality rights, emphasizing the critical role of image rights in safeguarding the dignity and values of individ-uals after death. It addresses the dual function of AI in both reproducing existing content and creating entirely new materials, examining the rights of heirs and the ethical and legal bound-aries surrounding the digital reconstruction of the deceased. The discussion underscores the necessity of profound theoretical and legal contributions to ensure that the practice of digital resurrection respects the integrity and legacy of the individual. While there is no universal solution to this issue, the article high-lights the importance of specific parameters, including the evaluation of content fidelity to the deceased’s personality and the establish-ment of robust ethical and legal safeguards to prevent misuse of the technology.