Be right back - the incidence of law on post-mortem and the dark reflection of the digital society

Abstract

The purpose of the present work is to discuss, for the first time in the academic field, the right of personality – matter established in Civil Law – in the scope of post-mortem, based on the plot presented in the science fiction Black Mirror, especially in the episode "Be Right Back" (S02E01). Initially, its intended to visualize the normative gap generated by the media revolution, a process that allows – through artificial transcendence – the mechanical creation of the fictitious presence of someone already attested dead, without their prior consent in life. In addition, through a psychological analysis of mourning, the effects of the exploration of virtual relations in the construction of the post-human will be treated, in a context of digital art that seeks to imitate something legally extinct due to death – in this case, legal personality. It is intended to create an intersection between the cybernetic world, Bioethics and the creation of organically inexistent affective bonds, in order to conclude which would be the best system to ensure the guarantee of human rights in the post-mortem scenario.