ARTICLE: ARTIFICIAL INTELLIGENCE AND THE USE OF THE IMAGE AND VOICE OF Deceased PEOPLE 2023 AUGUST 14 *By Mariana Valverde, lawyer, specialist in Intellectual Property With the advance of resources involving Artificial Intelligence, it is already possible to produce advertising content using the image and voice of deceased people. In Brazil, we recently experienced this type of production in an automobile brand's television commercial involving the image and voice of singer Elis Regina, who died in 1982. This innovation has brought up discussions about the protection of the personality rights of deceased persons, especially with regard to their use after death and through artificial intelligence resources. Currently, the use of a deceased person's image must be authorized by their heirs, spouse, ascendant and/or descendant, as provided for in article 20 of the Civil Code. However, the authorizations commonly granted were for the use of old photographs and/or videos, and until then it was unthinkable to create new images, videos and audios containing the deceased. With a view to protecting privacy and preserving the dignity of the individual after death, Senator Rodrigo Cunha (Podemos/AL) presented Bill 3592 of 2023, which aims to establish guidelines for the use of images and audios of deceased people by means of artificial intelligence. The bill initially consists of just eight articles, which, in short, state that: - The use of the deceased person's image by means of AI requires the prior consent of the living person or, in their absence, of the next of kin; - Consent must be specific and set out the purposes for which the image or audio will be used; - Heirs may refuse the use of the image via AI even if consent has previously been given; - The expression expressed in life prohibiting the use of the image after death via AI must be respected; - The use of the image and voice by means of AI for legal purposes, such as criminal investigations and legal proceedings, can be used, as long as authorized by the competent authorities; - Advertising campaigns that use an image or audio produced by AI must contain the message "Advertising with the Use of Artificial Intelligence". The regulation is indeed necessary and urgent, but the bill needs to be supplemented to fill in gaps and provide security for its application, especially with regard to the revocation of authorizations expressed in life and the definition of the line of succession for authorization. *Mariana Valverde, lawyer, specializing in Intellectual Property, partner at Moreau Valverde Advogados