CAMPOS, Akyla Priscila Ribeiro de; MELO, Carlos Cardoso de; MIGUEL, Antônio Rodrigues
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.
