A HERANÇA DIGITAL NO BRASIL: ausência de norma regulamentadora e o conflito entre o direito sucessório e o direito de personalidade

Abstract

The Brazilian legal system presents a gap in the transferability of digital inheritance, so in order to find a destination for digital heritage, this article aims to understand the relevance of this regulation as well as the existing judgments on litigation involving this issue. It does this by conducting theoretical research based on a bibliographic survey related to the themes of succession law, personality law, digital inheritance, tangible and intangible assets, wills, and documentary research through res judicata. The study found that when it comes to the transfer of digital assets, there is a conflict between two fundamental rights: succession and personality law. Additionally, therewas a lack of doctrinal agreement and uniformity in decision-making from the Brazilian judiciary. Therefore, it is acknowledged that digital heritage is an emerging subject in need of specialized legislation capable of providing digital heritage in Brazil with a clear destiny. It is important to emphasize that a will is the most effective way to guarantee the transfer of these digital assets within the legal system.