Herança digital no Brasil: a aplicabilidade do direito das sucessões sobre bens digitais

Abstract

This monograph seeks to analyze the applicability of the rules of inheritance law over exclusively digital goods, questioning the possibility of heirs succeeding items from the digitized environment left by their deceased entities. The study is pertinent due to the constant technological evolution pervaded by society, since the popularization of electronic devices has changed the way people relate to the world. From business to entertainment, today almost everything is within reach of a click, and in this context are born specific assets of this digital universe. Game files, movies, music, photos are just a few examples of digital assets accumulated in this scenario. This resulted in a number of inquiries, especially regarding the allocation of these assets after the death of the owner. In this sense, we will analyze the phenomenon of digital goods in light of the succession rules of the Brazilian Legal Order. Using deductive methodology, and bibliographical studies, to observe to what extent the digital inheritance is compatible with the fundamental right to inheritance, and behaving subject to succession. To this end, the pertinent concepts, related norms, the draft laws and the specific cases surrounding this issue will be addressed. Concluding in the end by the importance of an appropriate normative treatment, which promotes greater juridical security to the heirs' rights, while also preserving the honor, privacy and privacy of the deceased.