i wouldn't fault the original artist, i think he did it as kinda a 'fan art' piece, theres a hellboy one on his site as well, lots of comic artists do that to show both their appreciation and drawing skills. this actual pose is not in franks millers 'the hard goodbye', so its not really a rip. the original art i mean.
this poster is a rip though, since someone took that fan art piece off the artists site and made a poster of it.
Marcelo Braga seems very legit and very talented and it would be a shame to see him slammed on here for something he didn't do.