The Tremembé series, which tells the story of some criminals from the “prison of the famous,” is already a streaming success.
Camila Lutfi
The Tremembé series, which has already become a success on national streaming platforms, tells the story of inmate Suzane Von Richthofen in the “prison of the famous,” where other well-known figures such as Elize Matsunaga, Cristian and Daniel Cravinhos, Alexandre Nardoni, among others, were also imprisoned.
Because it is a true story, with character portrayals and even re-enactments of narratives, the question may arise: do criminals have the right to payment for works that tell their stories? InfoMoney contacted lawyers to clarify how copyright and image rights of inmates or ex-convicts work in Brazil.
In general terms, Brazilian law does not guarantee criminals the right to payment for the use of their image or for telling their stories. Luiz Friggi, partner in the civil and conflict resolution area of Simões Pires Advogados, explains that this is not a right guaranteed to criminals because these are public facts, which have already been widely publicized, and are also of public interest.
“In their case, these are public facts documented in court proceedings, with public access. Therefore, the work, whether literary or audiovisual, is ‘multi-biographical’ and not only does it not require authorization from the subjects of the biography, but it also does not generate any obligation to remunerate them in any way,” says Friggi.
According to Daniela Poli Vlavianos, a lawyer at Arman Advocacia, Article 20 of the Civil Code ensures that the use of a person’s image depends on consent, unless it is necessary for the administration of justice or the maintenance of public order.
“Since productions that portray crimes usually have a journalistic, documentary, or public interest purpose, jurisprudence tends to waive the obligation of payment. The right to image is not confused with the commercial exploitation of public facts, and the criminal does not acquire, through their illicit acts, the right to profit from them,” comments Vlavianos. In fact, experts indicate that there is doctrinal understanding and draft laws aimed at preventing convicted criminals from obtaining any financial gain from the media exploitation of their crimes.
In the case of Tremembé, the production is based on two books by Ulisses Campbell — “Suzane: Assassin and manipulator” and “Elize Matsunaga: The woman who dismembered her husband”. According to the lawyers, it is the author of the book who may have copyright rights to be negotiated, remunerated, or assigned for adaptation.
Right to personality relativized
Anita Pissolito, partner in the Intellectual Property area at Nascimento e Mourão, explains about a possible violation of the right to personality. After all, can other citizens profit from the stories and images of criminals through works? According to Pissolito, yes.
However, as these crimes have become of public interest and are in the public domain, the right to information prevails.
“As foreseen by the Supreme Federal Court and the Superior Court of Justice, the right to personality of these individuals is relativized and, therefore, there is the possibility of disclosing the story and expressing an opinion about the facts. This is because the right to the name, image, and privacy of these people has been diminished, due to this social interest and this interest in information, similar to a public figure,” she explains.
The lawyer comments that, if a depicted criminal feels offended or alleges a violation of honor with the result of a work, he can resort to justice — here, the only way to receive compensation would be through an indemnity.
But the probability of winning the case would be remote, precisely because of the relativization of the right to personality in relation to the conduct and behavior of the criminal. In this case, Friggi, from Simões Pires Advogados, adds that a stronger argument would be the lack of veracity about what was portrayed.
When can criminals be paid for works based on their stories?
There is no guaranteed right for criminals to profit from their stories. However, they may be paid if they participate in the production, whether in the script or in the use of private personal images unrelated to the crime.
For example, Elize Matsunaga made a documentary with Netflix and received payment for actively participating in its production. Vlavianos, from the Arman Law Firm, explains that this situation is exceptional because there was a specific contractual agreement.
“In these cases, the platform or production company enters into a contract with the person portrayed to obtain authorization for the use of their image, voice, and personal accounts. This payment does not stem from an automatic right, but from a voluntary agreement between the parties,” he states.
When it comes to fictional productions inspired by real events, the relationship is different: the work can freely use public facts, altering names and contexts, without needing authorization, as long as it does not cause moral damage to the person portrayed.
“Thus, only if there is use Therefore, only if there is direct and identifiable use of the person’s actual image could payment or compensation be considered. The same principle applies to books — the author can narrate public events, but must avoid offending honor or unduly exposing private life,” he adds.
InfoMoney, November 8, 2025, 9:45 AM
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