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Abstract

The restrictions resulting from the measures to contain the Covid-19 pandemic imposed the transposition of relationships to the virtual environment. With education it was no different, and teachers and students had to quickly adapt to the reality of distance learning, which sometimes happened abruptly and without a deep discussion about the legal consequences resulting from this transposition. Thus, the present study is based on the personality rights that underlie the copyright of the teacher as a professional who is exercising his/her functional role remotely (online), with the help of information and communication technologies that mediate the teaching and learning process. The theme specifically analyzes the rights linked to voice, image and intellectual production, promoting a reasoning that consolidates norms of the Civil Code and Copyright Law based on the constitutional principle of human dignity that ensures the inviolability of people's image, starting from the issue related to the right of the student, not to suffer a continuity solution in the teaching and learning process, in contrast to the right of teachers, to see their copyright protected, consolidated in basic personality rights. The initial premise considers the preponderance of copyright, since teachers and students are in equal conditions in the exercise of citizenship, the student's right inserted in the teaching and learning process cannot justify that the teacher is obliged to see his image, voice and intellectual production transmitted and reproduced despite their will, without their consent, by institutional imposition or social and political pressure.