A viabilidade da transmissão post mortem de bens digitais no Brasil

Abstract

This study intends to categorically define what a digital asset is, mainly analyzing its legal nature, so that it can be answered if there is the possibility or not of recognition of its transmissibility causa mortis under Brazilian inheritance law. Therefore, using the deductive method and mainly bibliographic research, this work will analyze, in a first moment, which legislation is applicable in relation to these assets, which the environment in which they are inserted, and what are the legal rules that must be respected for transmission to third parties. Subsequently, recognizing that digital goods can be endowed with value patrimonial, existential or even hybrid, an exemplary role will be analyzed and not exhaustive of various types of digital goods present in the day-to-day of the Brazilian population, so that in the light of doctrine and jurisprudence, it is possible to analyze the possibility of including these assets in the institute of succession, thus realizing the fundamental right to inheritance, a hypothesis that should be analyzed with meticulous caution, bearing in mind the need to protect the rights of personality of the de cujus, which, as they will be worked on, persist until even after the death of its owner