Direito à imagem e possibilidades repersonalizadoras do direito privado: a problemática dos contratos de imagem dos atletas profissionais de futebol

Abstract

The thesis is developed in order to demonstrate the importance of legal protection of the image of professional football player because of technological advances, which carry to situations of risk to human personality, as well as this work researches the possible availability of this right of personality. The problem is that the availability of that right, through the license agreement for the use of the image, usually is focused only about the economic aspect of the person itself, not valuing the human being. Therefore, it is required a research and a study about the right of the image, which is understood as a right of personality, in regard of its full protection. The image of a football player, as being a good call for advertising, has gained such importance that his image is related to his own employment contract, and not rarely it is mixed up with this. Thus, it is necessary to point out the essential characteristics on the right of the image, especially because this is distinctive right, recognized and protected by law, not being confused with other rights of personality, for its autonomy. As the right of the image a right of personality, the present work has sought, after an analysis of the rights of personality, a new aspect of this right, focusing on the human being and not on the wealth, that includes solutions for the injuries that may happen in the right of the image. And, through the phenomenon of the repersonalization of the private law, one must have the principle of human dignity as a guide value and supreme principle of the law. Consequently, it is intended that the right of the image of the professional football player will become specifically protected by the general principle of the protection and the promotion of the human being, with a conceptual turn towards the concrete person of the athlete, especially when it comes on the relative availability of the exercise of the right of the image so clearly when it regards the football players.