Official Note: I hereby declare that I do not authorize, under any circumstances, the capture, reproduction, disclosure or sharing of my image, whether through photography, video, screen recording or any other audiovisual means, on any internet platform, social networks or other digital media. In accordance with Law No. 9.610/98 (Copyright Law) and article 59, item X, of the Federal Constitution, which protects the right to privacy and image, the use of my image without due prior written authorization is considered illegal and subject to the appropriate assessments in the civil and criminal spheres. In the Civil Sphere (Moral and Material Damages): According to article 5, item X, of the Federal Constitution, the right to one's image is inviolable. If there is improper use of a person's image, he or she may seek compensation for moral damages, and in some cases, material damages. The amount of compensation is determined by the judge, considering the severity of the violation and the damages caused to the victim, and may vary greatly from case to case. In the Criminal Sphere (Crime of Invasion of Privacy): If the improper use of the image involves a complaint of intimidation, honor or trust of the person, it may be configured as defamation, insult or slander, crimes provided for in the Brazilian Penal Code: Defamation (Art. 139 of the Penal Code): Accusing someone of something that affects their reward before third parties. Penalty: Detention of 3 months to 1 year, and a fine. Insult (Art. 140 of the Penal Code): Offending someone's dignity or decorum. Penalty: Detention of 1 to 6 months, or a fine. Furthermore, if the use of the image related to the violation of privacy may incur crimes provided for in the Carolina Dieckmann Law (Law No. 12,737/2012), which deals with cybercrimes, such as the disclosure of intimate photos or videos without consent, which may result in: Penalty: Imprisonment of 3 months to 1 year, and a fine. If it involves revenge pornography (disclosure of intimate images without consent), Law No. 13,718/2018 provides: Penalty: Imprisonment of 1 to 5 years. Any improper use of my image, without my explicit consent, will be treated as not violating my personality rights, and the person responsible will be subject to the deliberations provided for in current legislation, including a decision for material moral damages.
Publish