O direito de imagem do empregado na relação de emprego e a sua tutela no direito do trabalho

Abstract

The theme related to personality rights, particularly the right image, gained special attention and protection with the enactment of the 1988 Federal Constitution, especially by advocating Article 5, paragraphs V and X. Thus, such protection is also included in the context of labor relations, that is, the legal and labor relations. If deemed necessary, the employer may use the image, voice and name of your employee. Often nowadays, the employer make use of the image of his work to promote your brand, product or highlight in advertisements, brochures or billboards. This study analyzes the proper ways of use of personal rights by the employer. Thus, if the company wishes to your employee to appear in advertisements or use your image in some way indispensable conclusion of a civil nature contract, use of, or the right of publicity, which does not keep any relation with juslaborista theme and therefore independent of the employment contract between the parties. Must clearly point out, however, that in the case of professional athletes there own rules providing for the payment of the "arena of law" within the own employment contract, as part of this properly be. Therefore, it is concluded at the end of this that any funds perceived as a result of granting the use of image will not have a salary nature, which as stated above, does not occur in the case of a professional athlete who has settled amounts due to the right arena, equivalent to the tip according to the Superior