DIGITAL IDENTITY IN THE AGE OF ARTIFICIAL INTELLIGENCE: CIVIL PROTECTION OF IMAGES, VOICES, AND BIOMETRIC DATA IN GENERATIVE SYSTEMS

Abstract

Generative artificial intelligence has expanded the capacity to reproduce and manipulate attributes associated with human identity, such as image, voice and biometric features. This study examines whether the Brazilian legal system provides sufficient protection against the non-consensual reproduction of these attributes by generative systems. It analyzes personality rights, civil liability, the Brazilian General Data Protection Law and the Consumer Protection Code, as well as judicial precedents relevant to digital identity. The research is basic, qualitative, exploratory and descriptive, based on bibliographic and documentary review. It examines ADI 6,387/DF, decided by the Brazilian Supreme Court, as a data-protection precedent, and Civil Appeal No. 1119021-41.2023.8.26.0100, decided by the São Paulo Court of Justice, involving the alleged unauthorized use of a voice generated by artificial intelligence. The study concludes that Brazilian law already offers important mechanisms to prevent, cease and repair violations, but remains fragmented in the face of deepfakes, voice cloning and other forms of synthetic identity manipulation.