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Placing photos of corpse on social networks can generate moral damages

16 de January de 2019

In São Paulo, a nursing technician and the hospital in which he works will have to pay compensation for moral damages after photographs have been released through the WhatsApp, a degrading body of a deceased relative due to an accident. The photos were taken on the premises of the establishment, and according to the decision, the hospital responds objectively to the damages that its employees cause to third parties.

Although it is alleged that the photos were divulged outside the work environment, it is certain that the images were obtained inside the establishment, and the local one has the duty to take appropriate measures to avoid that similar situations occur again and cause damages to another.
The immaterial damages were clearly demonstrated, since the author part had its honor and image shaken by the photos disclosed, in addition, the fact generated disruption and embarrassment to the family and violation of the right of image and privacy protected by law.

Personality ends with death, however, the right of image (arising from personality rights) can produce and project legal effects beyond death.
In view of this, our legislation gives special protection and protection to these rights, not only of those who are alive, but also of those who have passed away. It is important to point out that divulging photos or videos of deceased persons besides being completely lacking in common sense and disrespectful to family members, according to article 212 of the Penal Code (Law 2848/1940) is also a crime! Basically, the vilification of the corpse is a crime of disrespect to the dead that extends the penalty for corpse and its ashes, where the predicted punishment is detention of one to three years, plus fine.

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