Breves reflexões sobre a visão dos tribunais acerca da herança digital

Abstract

The present work initially seeks to interpret what the right to inheritance would be and its perception of succession and succession law. Regarding the application of the right to inheritance, one must observe the historical framework and the influence that Roman Law had on the terminologies of inheritance and civil law, especially on the application to legate and testamentary succession. After conceptualizing and classifying the right to inheritance, it will be necessary to understand what concerns digital inheritance, as well as the digital assets accumulated by an individual who constantly makes use of the technologies and platforms available in the contemporary world. From such an analysis it will be possible to understand that there is no legislation or codification that deals with the matter of digital inheritance and how it will be transmitted after the death of the owner of these assets, passing this responsibility on to legal operators so that they can carry out an extensive interpretation. of the norms already existing in the national legal system. In the end, it will be possible to observe through a critical analysis of some judgments of Brazilian courts that were carried out to reach a conclusion on how the digital assets of a deceased person who had not left a will expressing what his or her will would be transmitted. will regarding the sharing, succession and disposition of digital assets left in applications, clouds and drivers