A proteção do direito de imagem do empregado no marketing digital empresarial

Abstract

This study addresses the exponential growth of digital marketing driven by the advancement of digital platform technologies, highlighting the increasing involvement of companies in this advertising landscape to attract consumers. Within this context, it explores the use of employees’ images in videos and advertising photos for economic purposes. The primary objective of the study is to investigate the protection of employees’ image rights in light of legal provisions and to analyze whether this fundamental right is adequately safeguarded by Brazilian law. The research adopts a qualitative approach, utilizing a review of Brazilian legislation, doctrinal analysis, and the study of relevant case law on the subject. The findings indicate that although normative protection for image rights exists, labor relations often expose workers, as the weaker party, to implicit or explicit coercion, such as the fear of losing their job, thereby compromising their autonomy of will. The study concludes that mechanisms ensuring more effective protection are necessary, such as evaluating salary supplements linked to the use of the employee’s image, thus safeguarding their fundamental rights in advance. This approach seeks to prevent financial and moral harm to workers and reduce the judicialization of indemnity claims related to image rights violations.