Each person possesses unique characteristics, whether physical, behavioral, or psychological, that make up their personality.
This legal personality, in turn, is composed of different rights that define it and that are protected by various Brazilian laws, from the Federal Constitution to the Civil Code and the Penal Code.
Therefore, understanding personality rights is essential for legal professionals so that they can act in their defense and protection.
What are personality rights?
Personality rights are all those related to the individual , encompassing their body, image, name, and all aspects that characterize their identity.
In Brazil, personality rights are addressed in a specific chapter of the Civil Code, from article 11 to 21, but it is worth noting that these provisions are not exhaustive, as there is also legal protection for these rights in the constitutional text.
In general, legal doctrine classifies personality rights into three main groups:
- Rights inherent to physical integrity, encompassing the body and physical aspects of the individual;
- Rights inherent to psychological integrity, including privacy and freedom;
- Rights inherent to moral integrity, such as privacy and honor.
What are personality rights?
Once the concepts of personality rights have been defined, it is essential that lawyers and legal professionals understand the most important ones. Therefore, we will address them individually below.
Right to a name
A name is one of the most important aspects of an individual's personality, as it is how someone makes themselves known in society, in addition to demonstrating family belonging.
Therefore, everyone has the right to a name , including their first and last name. As a rule, a name is immutable, but there are legal provisions that allow for its alteration.
Furthermore, the right to one's name also includes its protection, preventing its use in commercial advertising without authorization or in publications or representations that expose the person to public contempt, even if there is no defamatory intent.
Furthermore, it is worth highlighting that a pseudonym used in lawful activities has the same legal protection as a legal name.
Right to honor
The right to honor is enshrined as inviolable in Article 5, item X, of the Federal Constitution, and its legal protection is established in the Civil Code.
An individual's honor concerns how they see themselves and how society sees them , encompassing what is publicized and said about them. This right is so important that it even has criminal repercussions, with the Penal Code defining conduct for the crimes of slander, defamation, and libel.
Right to image
Quite similar to the right to honor, the right to one's image also concerns how an individual sees themselves and how their image is used in different situations . According to the Federal Constitution, an individual's image is inviolable, meaning it can only be used with the holder's permission.
Similarly, the Civil Code protects this personality right in Article 20, which states: “ Unless authorized, or necessary for the administration of justice or the maintenance of public order, […] the use of a person's image may be prohibited, at their request and without prejudice to any compensation due, if it affects their honor, good name or respectability, or if it is intended for commercial purposes .”
Right to privacy and intimacy
Privacy and intimacy are personality rights that encompass not only an individual's personal information and data, but also their security, home, finances, and correspondence – in short, everything that characterizes their private life.
The inviolability of the home is protected under criminal law, and its invasion constitutes a crime (with some exceptions, such as cases of flagrant crime or natural disasters). In general, an individual's private life is considered inviolable by the Constitution and other legislation.
Recently, the protection of people's personal information has gained a new dimension with the advent of the General Data Protection Law , prioritizing the privacy of individuals on the internet.
Right over one's own body
As the name itself indicates, the body of each individual is inviolable and cannot be subjected to interventions against their will.
On the other hand, a person may only dispose of their own body for medical reasons and in cases that do not result in permanent impairment of physical integrity or that do not contravene good morals. For transplantation purposes, this act is permitted, provided that the special law is obeyed.
With regard to the disposal of the body after death, it is possible, in whole or in part, for scientific or altruistic purposes, and this act may be freely revoked at any time.
It is interesting to note that the right over one's own body also includes the possibility of changing sex when the individual does not identify with the assigned gender.
What are the characteristics of these rights?
Given the importance of personality rights, the law has granted them certain protections and specific characteristics.
Non-transferable
Personal rights are non-transferable, meaning that an individual cannot transfer or delegate them to another person.
Inalienable
Individuals cannot waive their personality rights. This means that no one can relinquish these rights and cease to exercise or make use of them.
Unavailability
The inalienability of these rights refers to the impossibility of doing whatever one pleases with them. There are legal limitations on how personality rights function.
Imprescriptibility
These rights are legally protected and are not subject to any statute of limitations. Therefore, if they are violated, compensation can be sought at any time, including, in certain cases, after death.
Originality
Personality rights are inherent to human beings, meaning they are acquired from birth and guaranteed to the unborn child. It's important to highlight that this characteristic indicates that the acquisition of these rights occurs independently of the individual's will.
Non-patrimoniality
As a rule, personality rights cannot be measured and assigned a commercial value. However, there are some legal exceptions, such as the use of one's image, in which the individual may obtain some economic benefit.
Opposability
The concept of enforceability refers to the defense of personality rights, as individuals can defend them against anyone. Its erga omnes characteristic encompasses respect for these rights by the entire society and their protection and defense by the State.
Conclusion
As seen, personality rights are fundamental to the individual, comprising that which gives them dignity, personal and social identity, and security in their life.
Therefore, these are rights that deserve the attention of the entire society, so that they are ensured and fulfilled in all areas.
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