A proteção do direito fundamental à imagem do trabalhador no contexto da sociedade digital

Abstract

This paper addresses the protection of the fundamental right to the image of the worker in the context of the digital society, analyzing the legal implications and moral damages arising from the unauthorized use of workers' images on digital platforms, especially without their express consent and financial compensation. The study raises the hypothesis that the absence of clear contractual clauses, combined with the lack of adequate consent and compensation, contributes to the violation of employees' fundamental rights to image and dignity, exposing them to commercial exploitation and vexatious situations. The general aim of this research is to discuss the legal implications and extent of the moral damage caused by the non-consensual use of workers' images. The methodology adopted is of a basic nature and qualitative approach, using the deductive method and the systematic interpretation technique. The research is justified by the growing relevance of the protection of fundamental rights in the digitalized work environment and the need to fill the gap in the legal literature on the subject. The conclusions indicate that, due to hierarchical subordination, many workers feel pressured to accept the use of their image, which violates their autonomy and dignity, and point to the need for more detailed regulation to protect these rights.