HERANÇA DIGITAL E A SEGURANÇA JURÍDICA: um estudo sobre a ausência de regulamentação no ordenamento jurídico brasileiro

Abstract

The increasing digitalization of human relationships has brought to light a new challenge for inheritance law: the digital legacy. Social media profiles, email accounts, cloud files, and digital assets such as cryptocurrencies have become part of individuals’ estates, demanding appropriate legal responses. In Brazil, the lack of specific regulation undermines legal certainty and creates uncertainties regarding the transferability of these assets, as well as the protection of post-mortem privacy. This article analyzes the digital legacy from the perspective of legal certainty, using aqualitative and exploratory approach, with a deductive method based on bibliographic and documentary research. It examines the relationship between succession and technology, highlighting the influence of the General Data Protection Law (LGPD), international experiences such as RUFADAA, and the role of the Brazilian Judiciary, especially Minister Nancy Andrighi’s opinion in REsp 2.124.424/SP, which proposed a procedural microsystem to fill the regulatory gap. The study concludes that regulating the digital legacy is imperative to ensure the effectiveness of inheritance law, harmonizing economic and existential values and preserving human dignity in the digital age.