Brazilian singer Marília Mendonça's autopsy photos were leaked on the internet, which is considered a crime according to the Penal Code. The controversy erupted on the internet after the release of the photos. Marília Mendonça died in a plane crash in the city of Piedade de Caratinga, Minas Gerais, Brazil, and the leaked photos were part of the police investigation that investigated the crash. The family's lawyer, Robson Cunha, expressed his "complete outrage at the released material" in an official statement from the artist's team
Judge Marianna de Queiroz explained that punishment for those who share images of dead bodies can be criminal or civil, and anyone involved in sharing the photos, including social media networks, can be liable for vilification. If the disclosure of the image hurts the memory of the deceased person, the family can sue those involved for moral damages. In addition, disclosure can be considered vilification. The penalty for vilification is imprisonment from one to three years and a fine.
Lawyer Marcelo Gonçalves, a specialist in digital law and personal data protection, explained that sharing photos or videos of the corpse can be considered vilification depending on the context. The lawyer also added that sharing this type of image violates constitutional guarantees, such as intimacy, image, and privacy. Platforms are required to keep records of their users' access in their databases for up to six months. So, even if the person discloses such images through fake profiles, believing them to be anonymous, it is possible to track this data and identify the author.
Marcelo Gonçalves pointed out that in the case of Marília Mendonça, this is a situation that should be restricted only to the environment where the procedure was being performed. He also added that leaking the police investigation can also constitute the crime of breach of functional secrecy, which is when the public servant publicizes the fact that he became aware of due to the function he performs. The minimum penalty for violating functional secrecy can be from six months to two years in prison or a fine. However, when the crime is committed in its qualified forms, it can reach up to six years of imprisonment.
Marília Mendonça was a popular Brazilian singer, songwriter, and instrumentalist. She was known in Brazil as the "queen of suffering," a subgenre of sertanejo music, and was recognized for her contributions in empowering women by revolutionizing the world of sertanejo music. She passed away in November 2021 due to a plane crash.
