Proteção da imagem de pessoas públicas contra a representação em tatuagens: uma restrição à liberdade artística?

Abstract

This study, developed through the dogmatic legal perspective, with a qualitative approach and deductive method, aims to understand the legal limits of the representation of the image of public figures through tattoos made without consent. It begins by presenting a historical overview of tattooing, from its origins to its contemporary form. Subsequently, the theoretical foundations for understanding the right to image are introduced, discussing its legal nature and delving into its application in relation to public figures. From this point, the conflict between the right to image and freedom of artistic expression is analyzed in the context of tattoos portraying well-known individuals, outlining specific situations in which such conflicts may arise. Finally, the method of balancing (ponderation) is employed to determine which right should prevail in each specific case, establishing objective criteria aligned with the Brazilian legal system and addressing the consequences of a potential violation of the right to image.