The leak of lifeless photos of the singer Marília Mendonça upset the artist’s family a year and a half after her death and led to an outburst from her mother on social networks. The Civil Police of Minas Gerais opened investigations.
According to lawyer and legal consultant Lorrana Gomes, both those responsible for leaking the images and those who share them are committing a crime.
“According to Article 212 of the Penal Code, depending on the specific circumstances of this case, it can be classified as vilification, the crime of humiliation and disrespect committed against corpses. and aggravating factors”, he reveals.
Lawyer Demóstenes Torres claims, however, that the penalty can be increased to up to six years if it is shown that the leaks caused damage to the public administration or to others, such as Marília’s young son. “I believe that to be the case. But in any case, with only the data provided by the press, it is almost impossible to jail in a closed regime, because even at the most, which is six years, the criminal will start in the initial semi-open regime”, analyze.
Marília’s family lawyer told the press that he is already taking the appropriate measures. According to the privacy and data protection lawyer Mahyra Milani, in the civil sphere, it is important to point out that relatives have the right to protect the image of a deceased person.
“There is a paragraph of our Civil Code that provides for the possibility of family members claiming damages to the deceased, such as moral damage, for example. However, the characterization of the damage will depend on the judge’s understanding, according to the details of the case”, he explains.
As for social networks, the lawyer says that the profiles that publish these images may violate the guidelines and terms of those platforms where the content is shared. “In this regard, posts that go against the rules may be subject to the respective sanctions, such as blocking the profile, etc.”, she says.
Social networks, on their own or at the request of the interested party, may remove content deemed offensive. If they do not, the family can sue the court.
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